Pursuant to Arizona Supreme Court Administrative Order 1007-94, the following case management plan has been adopted by the Marana Municipal Court for the purpose of processing misdemeanor DUI cases in the Marana Municipal Court from January 1, 2008 through December 31, 2008.

Program Goal:

It is the goal of this program to resolve 85 percent of DUI cases within 120 days from the date of filing and 93 percent within 180 days from the date of filing which in no way impacts the rights of the defendant laid out in Rule 8, Arizona Rules of Criminal Procedure.

Local DUI Case Procesing committee:

There shall be a local DUI Case Processing Committee that will include representatives of the Court, prosecutors, defense counsel, law enforcement agencies, probation and town administration to assist in the implementation of the plan and facilitate the resolution of issues that may prevent achieving the stated goals

The Committee shall meet regularly to update the plan as needed and to identify and implement procedures that:

1. Accelerate the completion of pre-filing documentation

2. Ensure that fingerprints are taken at the time of the offense or establish a time and place that fingerprints can be taken

3. Will have a contract defense attorney present at all DUI pre-trials to consult with unrepresented defendants.

4. Develop a standard DUI Minute Entry and Scheduling Order that will be used for all DUI cases. the Minute entry will be used at time of Arraignment and subsequent pretrials so that both the State and defense have a clear understanding of the expectations and requirements.


Case Management Plan:

1.  The Court will notify the DPS Southern Arizona crime lab that as a pilot court, this court will now expect Marana blood results as quickly as the Pima County Justice Court receives their results.

2.  If the Court has reasonable cause to believe that defendant was not previously prescribed by ARS 41-1750 (U), the court shall order that the defendant be fingerprinted by Marana Police Department. Fingerprinting shall be completed before the next court date.

3.  The Court shall require the prosecutor to provide disclosure of the materials and information listed in Rule 15,1 (B) (Az Rules of Criminal Procedure) that are then in the possession of the prosecutor by the first pretrial conference. Disclosure of the blood results and any other items not then in the possession of the prosecutor shall be disclosed as soon as they become available.

4.  The prosecutor and the Court will not dismiss cases becuase blood results have not been obtained by the arraignment date or the first pretrial date as is the practice of some blood court jurisdictions.

5.  The prosecutor will obtain blood results from the DPS Southern Arizona Crime Lab website and immediately send said results to the attorneys of record or to the defendant if unrepresented,

6.  The Court will require the appearance of the prosecutor and defense that includes the defendant at all pretrial hearings Extra ordinary circumstances must exist to excuse the defendant.

7.  The Court will require all parties to have the schedules of all witnesses as well as their own schedules when setting firm court dates.

8.  As a one Judge, one courtroom jurisdiction, jury trials are set every Thursday. Two or three juries will be set every Thursday with a Status conference set the prior Monday. The oldest case will be tried if more than one case is ready for trial.

9.  The Court recognizes that most DUI cases result in non-trial disposition, so trials will not be set until it is determined that the case is going to trial. Trial dates will be set at the pretrial conference based on the availability of all witnesses, the attorneys and the defendant.

10. The Court will advise the prosecutor that a dismissal resulting from a motion made by the State on the day of trial might result in a dismissal with prejudice or a sanction including but not limited to preclusion or limitation of a witness, evidence or argument, costs and/or any appropriate sanction that is reasonably related to the reason for the prosecutor's motion to dismiss.

11. The Court will advise defense attorneys that should they become over scheduled that they must provide another attorney to the defendant so that there is no delay in any court hearing including the defendant's trial.

12. The Court will not grant "stipulated continuances" automatically. Each request for a continuance must contain a valid reason for the continuance, which will be considered with or withour a hearing by the Court. Continuances will be granted only for the amount of time necessary to resolve the issue that created the need for the continuance.

13. The court will submit a final report of the plan no late than February 15, 2009 to the Administrative Office of the Courts.


Publication of the Case Management Plan

Upon filing of the plan with the Administrative Office of the Courts, the plan will be publicized and forwarded to the Marana Prosecutor's Office and all contracted private attorneys used by the Court for distribution and posted on the Court's web page.