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LINDSAY R. v. COHEN

No. 1 CA-SA 14-0186.

343 P.3d 435 (2015)

LINDSAY R. and Samantha R., a minor, Crime Victims; and State of Arizona ex rel. William G. Montgomery, Maricopa County Attorney, Petitioners, v. The Honorable Bruce R. COHEN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Jeffrey David Meyn, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

January 13, 2015.

Attorney(s) appearing for the Case

Richard D. Coffinger , Attorney at Law, By Richard D. Coffinger , Glendale, Counsel for Petitioners Lindsay R. and Samantha R.

Maricopa County Attorney's Office, By Diane Meloche , Phoenix, Counsel for Petitioner State of Arizona.

The Law Office of Stacy L. Hyder, P.L.C., By Stacy L. Hyder , Phoenix, Co-counsel for Real Party in Interest.

Storrs & Storrs, P.C., By Robert L. Storrs , Phoenix, Co-counsel for Real Party in Interest.

Presiding Judge PETER B. SWANN delivered the opinion of the Court, in which Judge KENTON D. JONES and Judge MICHAEL J. BROWN joined.

OPINION

¶ 1 The petitioners in this special action contend that under the Victims' Bill of Rights ("VBR"), Ariz. Const. art. 2, § 2.1, victims' counsel was authorized to substitute for the prosecutor in criminal restitution proceedings. Because no provision of the VBR authorizes privatization of the restitution...

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