J.D. v. HEGYI

No. CV-14-0085-PR.

335 P.3d 1118 (2014)

J.D.; M.M., Petitioners, v. The Honorable Hugh HEGYI, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, T.D.; State of Arizona, Real Parties in Interest.

Supreme Court of Arizona.

October 27, 2014.


Attorney(s) appearing for the Case

Colleen Clase (argued), Tempe, for Arizona Voice for Crime Victims.

William G. Montgomery , Maricopa County Attorney, Karen Kemper , Deputy County Attorney (argued), Phoenix, for State of Arizona.

Vicki A.R. Lopez (argued), Cari McConeghy Nolan , The Nolan Law Firm PLLC, Mesa, for Real Party in Interest T.D.

Edward D. Johnson , Law Office of Ed Johnson, PLLC, Peoria, for Amicus Curiae National Crime Victim Law Institute.

Chief Justice BALES authored the opinion of the Court, in which Vice Chief Justice PELANDER, Justice BERCH, Justice BRUTINEL, and Justice TIMMER joined.


Chief Justice BALES, opinion of the Court.

¶ 1 In a criminal case, a parent who exercises victims' rights on behalf of a minor child is statutorily entitled to refuse a defense interview. We hold that the parent's right to refuse an interview does not expire when the victim turns eighteen, but instead continues until the case ends.

I.

¶ 2 Crime victims cannot "be compelled to submit to an interview ... that is conducted by the defendant...

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