Haag v. Steinle

255 P.3d 1016, 227 Ariz. 212, 607 Ariz. Adv. Rep. 51, 2011 Ariz. App. LEXIS 68
CourtCourt of Appeals of Arizona
DecidedMay 5, 2011
Docket1 CA-SA 11-0084
StatusPublished
Cited by18 cases

This text of 255 P.3d 1016 (Haag v. Steinle) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haag v. Steinle, 255 P.3d 1016, 227 Ariz. 212, 607 Ariz. Adv. Rep. 51, 2011 Ariz. App. LEXIS 68 (Ark. Ct. App. 2011).

Opinion

OPINION

DOWNIE, Judge.

¶ 1 In this special action proceeding, we interpret Arizona Revised Statutes (“AR.S.”) section 13-3967(E)(1), which mandates that individuals charged with certain bailable sex offenses be subject to electronic monitoring “where available.” Because we conclude the superior court has the discretion to allow petitioner Albert Haag to be released to his home in Buffalo, New York, where electronic monitoring is unavailable, we accept special action jurisdiction, grant relief, and remand to the superior court.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Haag was an Arizona resident in 2005 when he was first charged with sexual exploitation of a minor (possession of child pornography on a computer). Those charges were later dismissed. In 2006, Haag was indicted in Maricopa County for sexual exploitation of a minor. A warrant issued for his arrest. According to Haag, he was unaware of the new charges until November 2010, when a police officer in Buffalo, where Haag now resides, ran his license plate and discovered the outstanding Arizona warrant.

¶ 3 Haag self-surrendered and appeared in Maricopa County Superior Court. He sought pretrial release to his home in Buffalo. The State, however, took the position that Haag could not be released without electronic monitoring. The record reflects that Maricopa County does not track out-of-state defendants via electronic monitoring, and Erie County, New York, where Buffalo is located, does not utilize electronic monitoring. Citing AR.S. § 13-3967(E)(1), the superior court concluded it lacked the authority to release Haag to his home in Buffalo because he could not be monitored electronically there. The court ordered him released, on the condition he remain in Maricopa County on electronic monitoring. Haag promptly sought special action relief in this Court.

Special Action Jurisdiction

¶ 4 A special action petition seeks extraordinary relief that is usually granted *214 only where justice cannot be satisfactorily obtained by other means. Notaros v. Superior Court, 113 Ariz. 498, 499, 557 P.2d 1055, 1056 (1976). A primary consideration is whether the petitioner has an equally plain, speedy, and adequate remedy by appeal. See Ariz. R.P. Spec. Act. 1(a); State ex rel. Romley v. Superior Court, 172 Ariz. 109, 111, 834 P.2d 832, 834 (App.1992). Another factor is whether the case presents an issue of statewide importance affecting numerous eases. Lind v. Superior Court, 191 Ariz. 233, 236, ¶ 10, 954 P.2d 1058, 1061 (App. 1998).

¶ 5 The pretrial release issue will become moot if not reviewed by special action. Additionally, Haag’s petition raises a legal question of first impression and statewide importance that could recur in other cases and evade appellate review. We thus accept special action jurisdiction.

DISCUSSION

¶ 6 Certain key facts are undisputed. Haag is a resident of Buffalo, New York. He is charged with bailable offenses. His criminal charges trigger application of AR.S. § 13-3967(E), which reads:

E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title and who is released on his own recognizance or on bail:
1. Electronic monitoring where available.
2. A condition prohibiting the person from having any contact with the victim.

¶ 7 The parties disagree about the meaning of “where available,” as used in subpara-graph (E)(1). The State contends Haag cannot be released to a locale where electronic monitoring is unavailable because electronic monitoring is available in Maricopa County; where he is charged. Haag, on the other hand, argues the statute requires electronic monitoring as a condition of release only if such monitoring is available where a defendant will live while on release. Thus, Haag asserts, the superior court has the discretion to allow him to return home to Buffalo pending trial.

¶ 8 The superior court interpreted A.R.S. § 13-3967(E) as requiring that Haag remain in Maricopa County on electronic monitoring. It stated:

The defendant is a resident of Buffalo, New York, and the Court was of the opinion that absent the statute and the meaning of “where available,” the Court would have allowed him to go back to Buffalo.
The Court accepted the State’s argument that “where available” means it’s available here in Maricopa County, which means he has to remain here in Maricopa County, and if it’s not available in another state, then he has to stay here.
But for the definition of “where available,” the Court would’ve allowed [Petitioner] to return to Buffalo because he had sufficient contacts with the courts here____I would’ve allowed him to be in Buffalo if the statute was more broadly interpreted.

¶ 9 We review the interpretation of a statute de novo. State v. Kearney, 206 Ariz. 547, 549, ¶ 5, 81 P.3d 338, 340 (App. 2003). “If a statute’s language is clear and unambiguous, we apply it without resorting to other methods of statutory interpretation.” Hayes v. Cont’l Ins. Co., 178 Ariz. 264, 268, 872 P.2d 668, 672 (1994). However, if more than one plausible interpretation of a statute exists, we typically employ tools of statutory construction. Id. We consider the statute’s context, its language, subject matter and historical background, its effects and consequences, and its spirit and purpose. Id.

¶ 10 Section 13-3967(E) is susceptible to both interpretations urged by the parties. In such a circumstance, it is appropriate “to review the statute’s legislative history to find, if possible, any shared legislative understanding of the relevant language.” Hayes, 178 Ariz. at 269, 872 P.2d at 673 (1994). Among other sources, we may consider minutes of a legislative committee hearing. Id.

*215 ¶ 11 Section 13-3967 was amended in 2002 to mandate electronic monitoring, where available, as a release term for individuals accused of certain bailable sex offenses. The amendment occurred, in part, to ensure appearance of the accused and to protect victims and the community. S. 1202, 45th Leg., 2nd Reg. Sess. (2002). Senate Bill 1202 did not originally include the “where available” language. Minutes of the House Appropriations Committee, 45th Leg., 2nd Reg. Sess. at 4 (April 8, 2002).

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Cite This Page — Counsel Stack

Bluebook (online)
255 P.3d 1016, 227 Ariz. 212, 607 Ariz. Adv. Rep. 51, 2011 Ariz. App. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haag-v-steinle-arizctapp-2011.