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CLEMENTS v. BERNINI

No. CR-19-0140-PR.

471 P.3d 645 (2020)

Christopher Matthew CLEMENTS, Petitioner, v. The Honorable Deborah BERNINI, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed September 9, 2020.

Attorney(s) appearing for the Case

Joseph P. DiRoberto , Tucson; Eric W. Kessler (argued), Kessler Law Group, Scottsdale, Attorneys for Christopher Matthew Clements.

Barbara LaWall , Pima County Attorney, Jacob R. Lines (argued), Deputy County Attorney, Tucson, Attorneys for State of Arizona.

CHIEF JUSTICE BRUTINEL authored the opinion of the Court, in which VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, GOULD, LOPEZ, BEENE and CHIEF JUDGE SWANN joined.

¶1 A party claiming the attorney-client privilege must make a prima facie showing supporting that claim. Upon such a showing, the court may hold a hearing to determine whether the privilege applies. But the court may not invade the privilege to determine its existence, even in camera using a special...

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