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HISKETT v. LAMBERT EX REL. COUNTY OF MOHAVE

No. 1 CA-SA 19-0119.

451 P.3d 408 (2019)

Robert Louis HISKETT, Petitioner, v. The Honorable Rick LAMBERT, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MOHAVE, Respondent Judge, State of Arizona ex rel. Matthew J. Smith, Mohave County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED October 1, 2019.

Attorney(s) appearing for the Case

American Civil Liberties Union Foundation of Arizona, Phoenix, By Jared G. Keenan , Kathleen E. Brody , Marty Lieberman , Co-Counsel for Petitioner

Aspen, Watkins & Diesel, P.L.L.C., Flagstaff, By Michael J. Wozniak , Co-Counsel for Petitioner

Mohave County Attorney's Office, Kingman, By Megan McCoy , Jacob Cote , Counsel for Real Party in Interest

Pima County Public Defender's Office, Tucson, By David J. Euchner , Counsel for Amicus Curiae Arizona Attorneys for Criminal Justice

Coconino County Public Defender's Office, Flagstaff, By Sandra L.J. Diehl , Counsel for Amicus Curiae Arizona Public Defender Association

Arizona Attorney General's Office, Phoenix, By Rusty D. Crandell , Anthony R. Napolitano , Counsel for Amicus Curiae Arizona Attorney General

Judge Lawrence F. Winthrop delivered the opinion of the Court, in which Presiding Judge Paul J. McMurdie and Chief Judge Peter B. Swann joined.

OPINION

¶1 Arizona Revised Statutes ("A.R.S.") section 13-3967(E)(1) mandates that persons charged with certain bailable sex offenses be subject to electronic monitoring "where available." In this special action, we address a question raised but not directly answered by § 13-3967(E)(1): Must the defendant pay...

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