4/18/16 In Arizona crime victims have rights secured by both the Arizona constitution and state law. Those rights include the right to be represented by private counsel and to be heard and present evidence at a restitution hearing.
In the 2015 case of Lindsay R. v. Cohen, 343 P.3d 435, a victim sought to have their private attorney present evidence and cross-examine witnesses directly at a restitution hearing, and not have their evidence presented by the prosecutor. The trial judge and the court of appeals ruled that the victim’s private counsel could not present evidence on the victim’s behalf and the victim had to go through the prosecutor to present their information.
The Arizona legislature overruled that decision in 2016 Session Law, Chap. 8. In doing so the Legislature significantly expanded Crime Victims’ rights to now allow victims to directly present evidence at restitution hearings through their own private counsel, and not have to rely on the prosecutor to correctly and adequately present their evidence. The law takes effect 90 days after the Legislative session ends.
To read the entire case, click the link below:
https://www.azleg.gov/legtext/52Leg/2R/laws/0008.pdf
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