Arizona Order Appointing Special Prosecutor

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Multi-State
Control #:
US-00827
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Word; 
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This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

An Arizona Order Appointing Special Prosecutor is a legal document issued by a court to assign an independent prosecutor to handle a specific case. This order is typically utilized when there is a conflict of interest or an appearance of impropriety concerning the regular prosecuting agency. It ensures fairness, impartiality, and transparency in the legal process. The special prosecutor appointed by the court has the same powers and responsibilities as a regular prosecutor and is expected to pursue justice diligently. There are various types of Arizona Orders Appointing Special Prosecutor, depending on the specific circumstances of the case and the nature of the conflict. Some common types include: 1. Conflict of Interest: This type of appointment occurs when the regular prosecutor has a personal or professional relationship with any of the parties involved in the case, potentially compromising their ability to remain impartial. The court may appoint a special prosecutor to avoid bias and maintain the integrity of the legal proceedings. 2. High-Profile Cases: In certain instances, high-profile cases garner significant public attention, creating potential conflicts for the regular prosecuting agency. To ensure transparency and instill public confidence, a special prosecutor may be assigned to independently handle such cases. 3. Police Involved Shootings: When a law enforcement officer is involved in a shooting or other use of force incident, an independent investigation may be necessary to avoid any perception of bias. An Arizona Order Appointing Special Prosecutor can be issued to ensure an impartial inquiry. 4. Government Official Misconduct: Instances where a government official is accused of misconduct, such as corruption, fraud, or abuse of power, may require the appointment of a special prosecutor. This appointment ensures that the investigation and potential prosecution are conducted objectively and without interference. 5. Judicial Disqualification: If a judge finds themselves in a situation where they must recuse themselves from a case due to a personal or professional conflict, an Arizona Order Appointing Special Prosecutor may be employed to ensure a fair trial. These various types of Arizona Orders Appointing Special Prosecutor aim to uphold the principles of justice, fairness, and transparency. They allow for independent oversight in cases where conflicts or biases may compromise the legal process. By having a special prosecutor appointed, the integrity of the justice system is safeguarded, bringing clarity and trust to legal proceedings within the state of Arizona.

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FAQ

Thus, Rule 3.8(d) requires disclosure of all information that may tend to negate the defendant's guilt, mitigate the offense, or reduce punishment. The ethical duty therefore, requires disclosure beyond that which may be material under the Bagley standard ... A.B.A.

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

Rule 8 of the Arizona Rules of Criminal Procedure governs the maximum time limit when a trial must begin after charges have been filed. This is often called the ?Speedy Trial Right?.

Rule 3.7 - Lawyer as Witness (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the ...

(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor's jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall take appropriate steps, including giving notice to the victim, to set aside the conviction.

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Arizona Order Appointing Special Prosecutor