STATE EX REL. ROMLEY v. DAIRMAN

No. 1 CA-SA 04-0110.

95 P.3d 548 (2004)

208 Ariz. 484

STATE of Arizona ex rel Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. The Honorable Dennis W. DAIRMAN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Angela Holguin, Beatrice Holguin, Michael Rodriguez, Sr., and Martin Gabriel Quihuis, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department E.

August 10, 2004.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney By Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for Petitioner State of Arizona.

Gary Beren, Scottsdale, Attorney for Real Parties in Interest Angela Holguin, Beatrice Holguin and Michael Rodriguez, Sr.

James J. Haas, Maricopa County Public Defender By Bruce Walker, Deputy Public Defender, Mesa, Attorneys for Real Party In Interest Martin Quihuis.


OPINION

BARKER, Judge.

¶ 1 The issue we address in this matter is whether a representative, other than a legal guardian, may be appointed for a minor victim when the defendant is not part of the victim's "immediate family." See Ariz.Rev.Stat. ("A.R.S.") § 13-4403(C) (2001). We hold that the Victims' Bill of Rights in Arizona's constitution1 preserves the equitable power of a trial court that allows for, and in...

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