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MARIO W. v. KAIPIO

No. CV-11-0344-PR.

281 P.3d 476 (2012)

MARIO W., Petitioner, v. The Honorable Thomas KAIPIO, Commissioner of The Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest. Bradley W., Petitioner, v. The Honorable Thomas Kaipio, Commissioner of The Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest. Alexis A., Petitioner, v. The Honorable Mark Brain, Commissioner of The Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Commissioner, The State of Arizona, Real Party in Interest. Noble B., Petitioner, v. The Honorable Thomas Kaipio, Judge of The Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest. Bailey J., Petitioner, v. The Honorable Mark F. Aceto, Judge of The Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest. Devon C., Petitioner, v. The Honorable Peter A. Thompson, Commissioner of The Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest. Eric R., Petitioner, v. The Honorable Thomas Kaipio, Commissioner of The Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party In Interest.

Supreme Court of Arizona.

June 27, 2012.

Attorney(s) appearing for the Case

Christina Phillis , Maricopa County Public Advocate By David Katz , Deputy Public Advocate, Aaron Jason Max , Deputy Public Advocate, Colleen Engineer , Deputy Public Advocate, Devra N. Ellexson , Deputy Public Advocate, Suzanne Sanchez , Deputy Public Advocate, Andrew Meissen , Deputy Public Advocate, Mesa, Attorneys for Mario W., Bradley W., Alexis A. Bailey J., Devon C., Eric R., and Noble B.

William G. Montgomery , Maricopa County Attorney By Linda Van Brakel , Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Arizona Attorneys for Criminal Justice By David J. Euchner , Julie M. Levitt-Guren , Chandler, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 Arizona law requires juveniles charged with certain offenses and summoned to appear at an advisory hearing to submit to the investigating law enforcement agency "a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid [DNA] testing and extraction." A.R.S. § 8-238(A). The penalty for failure to comply is revocation of release pending...

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