Graham v. Ridge
| Decision Date | 27 September 1971 |
| Docket Number | No. 10403,10403 |
| Citation | 107 Ariz. 387,489 P.2d 24 |
| Parties | Maureen GRAHAM, next friend of Lisa Marie Razer, a minor, Petitioner, v. Warren C. RIDGE, Judge of the Superior Court, Maricopa County, sitting as Juvenile Judge, Respondent. |
| Court | Arizona Supreme Court |
Amelia D. Lewis, Sun City and John D. Roeder, Phoenix, for petitioner.
Richard A. Rice, Scottsdale, for respondent.
This is a special action to test the decision of the Juvenile Court of Maricopa County in waiving the jurisdiction of the Juvenile Court as to petitioner, a 16 year old girl, which waiver allows her to stand trial as an adult. § 8--202 A.R.S., § 8--222 A.R.S., and the Arizona Constitution, Art. 6, § 15 A.R.S. This court accepted jurisdiction and requested that additional memoranda be filed by the respondent and the petitioner.
The petitioner claims that the Juvenile court erred in failing to require that there be a court reporter present at the adjudication and transfer hearing. The record before this court indicates that the petitioner was represented by counsel at the transfer hearing and that the reporter was not requested by the defendant. Petitioner also alleges that the Juvenile Court committed other errors in the adjudication of the matter.
We do not need to answer these questions because we have come to the conclusion that there is an adequate remedy by way of appeal and, therefore, the writ should be quashed.
In 1970, the Arizona legislature enacted § 8--236 A.R.S. which reads in part as follows:
This statute allows an appeal if the order of the Juvenile Court is final. Before the Court of Appeals or this court may suspend or stay the execution of the order it must make suitable provision for the care and custody of the child. Obviously, the legislature did not contemplate a stay except in the most extraordinary circumstances.
We have no hesitancy in stating that the order of the court in this case transferring the matter to the Maricopa County Superior...
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...32, 299 A.2d 513; P.H. v. State, Alaska, 1972, 504 P.2d 837; Dillard v. State, Tex.Civ.App.1969, 439 S.W.2d 460; Graham v. Ridge, 1971, 107 Ariz. 387, 489 P.2d 24; In re Doe I, 1968, 50 Haw. 537, 444 P.2d 459; In re Houston, 1968, 221 Tenn. 528, 428 S.W.2d 303; Templeton v. State, 1968, 202......
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