This week, the Arizona State Senate Judiciary Committee will consider HB2220, legislation that will “require courts to provide electronic access and filing privileges to pro se litigants if they have been made available to attorneys.”
Most people would think that providing equal access to pro se litigants is a no-brainer. To deny them access would have to be unconstitutional in this day and age in this country, right? You would be wrong to make that assumption if you live in Pima County.
Currently, state statute, A.R.S. § 12-284.02, simply states that the presiding judge may provide for the electronic filing of documents, but does not specify who is granted access. Across Arizona, judges do grant access except in Pima County.
Those familiar with Pima County are not surprised. As the most corrupt and/or incompetent local governments in the state, too often Arizona lawmakers are forced to write legislation to correct the wrongs committed by Pima County officials.
Such is the case with HB2220.
Pima County has claimed that they would need to go to great expense in order to ensure that its residents have equal access to court records, but the Pima County Superior Court already gives remote electronic access to attorneys. There is a process and system already in place. How much more could it cost to provide access to pro se litigants? In light of the fact that Pima County just recently spent $15 million on an experimental space travel balloon company, it is hard to imagine that they can’t find the money.
Keeping in mind that the residents of Pima County live in the fifth poorest metropolitan area in the country, it is safe to assume that there is a large number of pro se litigants attempting to navigate Pima County Superior Courts. Yet, when a Pima County resident reached out to lawmakers like representatives Randy Friese, Rosanna Gabaldon, and Senator Andrea Dalessandro in an effort to gain equal access to records, they were rebuffed.
Friese told the resident that the most he would write was write a letter to the presiding Judge, but failed to fulfill even that minor promise.
The Pima County resident then approached Rep. Rusty Bowers. According to the resident, Bowers moved quickly to file HB2220.
Since then, the Supreme Court’s lobbyist, Amy Love, and Trey Williams, a lobbyist for the AZ Association Of Counties, has fought the bill. Their protestations resulted in the bill having a delayed effective date of January 1, 2018.
It is hard to believe that Arizona’s Supreme Court would fight for, much less condone a denial of equal access – a fundamental constitutional right, but its lobbyist did just that. The Supreme Court could and should direct Pima County to provide equal access immediately or in the alternative, fight for the removal of the delayed effective date amendment.
When HB2220 finally made its way to a vote of the entire House of Representatives, it passed on a unanimous vote.
The bill is now waiting to be heard in the Senate. If Dalessandro is committed to equal access and her constituents, she will fight for the bill and fully restore the protections initially sought. That outcome is highly unlikely. Dalessandro does little for her constituents. She blames Republicans for her inability to accomplish anything. However; in the case of HB2220 and the unanimous vote in the House, Dalessandro has absolutely no excuse for not vigorously and successfully securing equal access for all.
Pima County residents can visit the azpeopleslobbyist.com to email senators and register their support for HB2220 before the Judiciary Committee hearing on Thursday.