New Judge Orientation Federal and Forms

1
ORDERS OF PROTECTIONGuns and Forms
Order of Protection
June 22, 2005 Annual Judicial Conference
Judge Elizabeth R. Finn Presiding Judge Glendale
City Court
2
State Firearms Statute
Defendant can be prohibited from possessing or
purchasing firearms
3
State Firearms Statute

• Court finds credible threat to physical safety
• Defendant shall not possess firearms or
• (checkbox) ammunition
• Defendant shall transfer firearms immediately but
  no less than 24 hours after service

4
Lautenberg Amendment18 U.S.C. 925 (a)(1)

• No possession of firearm if convicted of
  misdemeanor crime of domestic violence
• Effective date September 30, 1996
• Relationship test marriage, lived together or
  child in common
• No exemptions
• BUT RETROACTIVE
• A.R.S. 13-907 applies if no serious physical
  injury or deadly weapon or victim under 15 years
  of age

5
(No Transcript)
6
STATE STATUTE
BRADY INDICATOR
6. The Court finds that the Defendant
represents a credible threat to the physical
safety of the Plaintiff and/or may
inflict bodily injury or death on the
Plaintiff. 10.
6. The Court finds that the Defendant
represents a credible threat to the physical
safety of the Plaintiff and/or may
inflict bodily injury or death on the
Plaintiff. 10. The Defendant received actual
notice of this hearing and had an
opportunity to participate and the plaintiff and
defendant have the relationship of intimate
partner.
7
BRADY-FIREARMS Subtitle D 110401

• 18 U.S.C. 921(a),922(d) 926(a)
• Must be intimate partner (child, spouse or former
  or living together now or in past)
• No finding of credible threat necessary do not
  have to check 6
• Lasts for the length of the order
• Issued after hearing in which person received
  actual notice
• Exemptions

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Contrasts

• State statute
• Protective orders only
• No hearing required
• No relationship required
• Lasts length of order
• No exemptions
• Brady
• Only AFTER a hearing
• Must meet relationship test
• Lasts length of Order
• Exemptions
• Lautenberg
• Criminal convictions
• Relationship test
• Lifetime prohibition
• No exemptions

9
Assume Relationship Met

• Judge holds hearing no changes what paperwork
  needs to be generated?
• Notice to Sheriff of Brady Disqualification

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BRADY FORM IF NO CHANGES AFTER HEARING
Court Case No. Court No., NCIC Court
No., DPS
___________________ Plaintiff ___________________
Date of Birth -vs- ___________________ Defendan
t
_____________________________
NOTICE TO SHERIFF OF BRADY DISQUALIFICATION
No change at hearing
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Changes in New Forms
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Current Form
13
New Form
AZ Prohibits Release of SSN
14
New Form
AZ Prohibits Release of SSN
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New Form
AZ Prohibits Release of SSN
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Current Warnings
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AZ Prohibits Release of SSN
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Verify Validity
AZ Prohibits Release of SSN
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Current FormMandatory Orders
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New Form Mandatory Orders
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Current Form
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New Form
AZ Prohibits Release of SSN
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Changes

• Member of household
• Combined line for school and other
• Deleted setting for hearing
• Merged counseling line into other
• Brady not mentioned
• Use Notice to Sheriff form

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Changed Logic

• Instead of saying No contact in person, in
  writing etc., now will state
• No contact except as checked. So if no checks,
  then no contact at all
• Will save time for judges
• Will save data entry for clerks
• Will be more enforceable by law enforcement
  providing more victim safety

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New No Contact Phrase
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More to Come

• Workgroup still working on other forms
• AOC will need time to program CPOR
• AOC will need time to program AZTEC to produce
  the form and update CPOR
• Contact
• bobjames_at_superiorcourt.maricopa.gov
• efinn_at_glendaleaz.com