The Legal Nexus

A blog of the Maricopa County Bar Association

Arnold vs. Sarn and the Electronic Record on Appeal

Arnold vs. Sarn and other Historically Significant Cases

By Michael K. Jeanes, Clerk of the Superior Court

The Clerk’s Corner in the May edition of the Maricopa Lawyer discussed historically significant cases that have touched the Superior Court in Maricopa County in one way or another. Parties, attorneys, judicial officers and others were encouraged to designate qualifying cases for this designation. The process and forms are readily available and the brief time it takes to file the motion potentially preserves the case for all time.

Among the cases listed as examples was this description: “Public Fiduciary v. Arizona State Hospital (Sarns case/mental health), which began as a class action in 1981 and continues today.” Fortunately, this cursory write-up caught the attention of Charles Arnold, the “Arnold” in Arnold vs. Sarns, as the case is nationally and internationally known by the legal and non-legal community. Arnold (“Chick” when engaged informally) was willing to share his insight into the case and its far-reaching effects and agreed to have his comments published in this edition of the Maricopa Lawyer.

The value in designating a case as historically significant is that the case remains available to educate and put the legal and social environment in context. Even more valuable is designating cases while the players are still available and passionate about their insight.

The Electronic Record on Appeal Expands

In August of 2009 the Clerk’s Office started a pilot with Division One of the Arizona Court of Appeals by providing the record on appeal electronically in one probate case, followed by appeals in all family and probate court cases. Continue reading

June 17, 2011 Posted by | About Us | Leave a comment

Attorneys Ask Arizona Supreme Court to Enjoin State’s Planned Freeze on Medicaid Enrollment to Take Effect July 1

Three public-interest law firms have asked the Arizona Supreme Court to place an injunction and expedite consideration of their request for a special action on Gov. Jan Brewer’s plan to freeze enrollment in the state’s Medicaid program. Brewer’s petition to freeze enrollment for about 140,000 adults who earn the same as or less than the federal poverty level would take place July 1, despite voters’ determination through passing Proposition 204 in 2000 that that population should be covered.

In their motion for injunctive relief, the petitioners said they are concerned that thousands of low-income Arizonans will be “irreparably harmed” if an injunction is not issued by the Supreme Court.

In Thursday’s motion, attorney Tim Hogan said that it appears the government will approve the state’s request to deny health care eligibility under Medicaid to adults without dependent children who apply after June 30 and parents with an income at or above 75 percent of the federal poverty level who apply after Sept. 30.

“All indications from the federal government are that it will grant Arizona’s request,” Hogan wrote. Continue reading

June 17, 2011 Posted by | About Us | Leave a comment