Haggard v. Superior Court, In and For Maricopa County, 1
| Decision Date | 18 March 1976 |
| Docket Number | CA-CR,No. 1,1 |
| Citation | 547 P.2d 14,26 Ariz.App. 162 |
| Parties | Allen A. HAGGARD, Appellant, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, and the Honorable C. Kimball Rose, Judge, Appellees. 1731. |
| Court | Arizona Court of Appeals |
On January 5, 1976, attorney Allen A. Haggard, through counsel, filed with the Clerk of the Maricopa County Superior Court his notice of appeal, purporting to appeal from a judgment of contempt and fine imposed against him by order of the Honorable C. Kimball Rose, entered on October 6, 1975. The contempt proceedings resulted from attorney Haggard's failure to appear on behalf of his client in hearings scheduled in a pending criminal prosecution, Maricopa County Cause No. CR--82263, State v. Stanley Durnell Taylor.
Upon the docketing of an appeal in this Court, an initial review of the record is made to determine whether we have jurisdiction. Our review discloses that in this case, we have no jurisdiction and therefore the appeal must be dismissed. Attorney Haggard's sole review remedy, if any is appropriate at this time, is by petition for special action to the Arizona Supreme Court. See Van Baalen v. Superior Court, 19 Ariz.App. 512, 508 P.2d 771 (1973).
The facts in this case and Van Baalen are practically identical--each involves an attempted appeal from an order finding the appellant in contempt and imposing a fine for failure to appear at a scheduled court hearing. Were it not for the fact that our decision in Van Baalen, supra, preceded the enactment of the 1973 Rules of Criminal Procedure, 17 A.R.S., we would have disposed of this matter by entering an order of dismissal. However, because certain provisions of the 1973 Rules relate to contempt matters, we have deemed it advisable to briefly consider those provisions and dispose of this matter by formal published opinion.
We have reviewed the provisions of Rule 33, entitled 'Criminal Contempt', and Rule 31, entitled 'Appeals from Superior Court'. Our review of these rules has convinced us that they have no applicability to appeal rights in contempt matters. Rule 33 merely reflects a codification of previous Arizona and federal decisional law relating to Trial court procedures in contempt matters. Rule 31 sets forth the procedures governing appeals in...
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Green v. Lisa Frank, Inc.
...order of imprisonment and fine against prosecutor in probation violation hearing not appealable); Haggard v. Superior Court, 26 Ariz.App. 162, 162-63, 547 P.2d 14, 14-15 (1976) (no appeal from contempt order fining attorney for failure to appear on behalf of client in criminal prosecution);......
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State v. Mulligan
...in Van Baalen, supra, are still viable, and require that this appeal be dismissed for lack of jurisdiction." Haggard v. Superior Court, 26 Ariz.App. 162, 163, 547 P.2d 14, 15 (1976). See also Van Baalen v. Superior Court, 19 Ariz.App. 512, 508 P.2d 771 Defendant's review remedy is by specia......
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Hamilton v. Municipal Court of City of Mesa, 1
...more egregious than in the instant case. The facts of several Arizona cases are instructive. In Haggard v. Superior Court of Maricopa County, 26 Ariz.App. 162, 547 P.2d 14 (1976), an attorney failed to appear for pretrial hearings on a pending criminal prosecution and was fined. In Rogers v......
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In re Chapman
...788 P.2d 1258, 1259 (App. 1989) ; Pace v. Pace , 128 Ariz. 455, 456-57, 626 P.2d 619, 620-21 (App. 1981) ; Haggard v. Superior Court , 26 Ariz. App. 162, 162-63, 547 P.2d 14 (1976) ; Van Baalen v. Superior Court , 19 Ariz. App. 512, 513, 508 P.2d 771 (1973) ; In re Anonymous , 4 Ariz. App. ......