Legal Question in Criminal Law in Arizona

Is a Judge required to rule on all motions posed to it?

In a Post-Conviction relief (rule 32) if a incarcerated person motions for a Judge to reconsider a ruling, does he have to rule on it? The judge said the lawyer for indigent was not allowed to withdraw from PCR representation and was to remain advisor to indigent in PCR Pro SE. The lawyer didnt find legal reasons upon a so called investigation of the matter, never could be reached and never forwarded any transcripts etc, to indigent. No contact. While waiting for judge to rule on this decision recondideration time was all of a sudden untimely and pcr dismissed. The sentence was enhanced using a prior that was adjudicated not guilty on is one problem indigent has. Also NO lawyer in his case did anything to defend him.


Asked on 6/22/06, 5:11 am

1 Answer from Attorneys
Christopher Winchell Winchell Law, PLC

Re: Is a Judge required to rule on all motions posed to it?

Pursuant to Rule 32.6, the judge "shall" review the motion and "shall" either dismiss it if there is no basis or set it for hearing if there is a potential claim. So yes, there should have been a ruling. Under Rule 6.3, an attorney who represented the defendant at the trial court shall continue to represent at all proceedings at the trial court. That's why the defense attorney remained on. The defendant still has a right of appeal, but a notice of appeal must be timely filed.

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Answered on 6/22/06, 9:36 am


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