Hedlund v. Superior Court

Court of Appeals of Arizona, Division 1, Department C · 1992 · Torts

Tortscriminal proceduredual juriesdeath penaltyvictims' rightsjudicial rulemakingdual juriesdeath penalty

Facts

In a first degree murder case, the state sought the death penalty against each defendant. The respondent judge ordered that dual juries be empaneled and relied on article 2, section 2.1 of the Arizona Constitution, the Victims' Bill of Rights. The Arizona Supreme Court in State v. Lambright had previously stated that dual juries were unauthorized absent approved guidelines and that death penalty cases were inappropriate for such experimentation. No Arizona rule adopted after Lambright authorized the dual jury procedure.

Issue

May a superior court empanel dual juries in a first degree murder case in which the state seeks the death penalty, based on the Victims' Bill of Rights, when the Arizona Supreme Court has not approved that procedure by rule or otherwise?

Rule

Under Arizona law, procedural rulemaking authority belongs exclusively to the Arizona Supreme Court, and a superior court may not supplement or supersede that authority. Because State v. Lambright held that dual juries are unauthorized absent supreme court approval or approved guidelines, and specifically stated that death penalty cases are inappropriate vehicles for experimentation with that procedure, a trial court may not empanel dual juries in such a case unless and until the supreme court authorizes it.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, two codefendants are charged with capital murder, and the prosecutor seeks death against both. To avoid repeating testimony, Judge Elena Cruz orders a single proceeding before two separate juries, even though no Arizona Supreme Court rule authorizes that format.

If the defendants seek immediate relief, how should an Arizona appellate court most likely rule on the validity of the order?

Explanation. The controlling rule is that procedural rulemaking authority belongs exclusively to the Arizona Supreme Court, and a superior court may not supplement or supersede that authority. Where the supreme court has treated dual juries as unauthorized absent approved guidelines and specifically said death penalty cases are inappropriate vehicles for experimentation, a trial judge cannot order that procedure on his or her own. (Derived from Hedlund v. Superior Court (n.d.).)