Costa v. MacKey
227 Ariz. 565
| Ariz. Ct. App. | 2011Background
- Costa was indicted on multiple counts of sexual conduct with a minor and child molestation, later re-indicted on two counts of continuous sexual abuse of a child.
- The superior court initially held Costa without bond under Article 2, Section 22(A)(1) due to presumed non-bondability.
- Judge Ainley set $75 million cash bail and imposed non-monetary release conditions.
- Costa sought change of judge for cause, arguing bias from Judge Ainley based on the bail ruling; Judge Mackey denied the motion.
- Costa filed a special action challenging the bail amount; the court accepted jurisdiction to review the bail ruling.
- The court vacated the $75 million cash bail and directed a new, least onerous bail order, while denying relief on the change-of-judge issue and declining jurisdiction to review the bondable-offense ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bail amount was constitutionally excessive | Costa argues $75 million cash is excessive | Costa argues Ainley abused discretion; State offered no justification | Yes, bail was excessively high and must be reduced |
| Whether Judge Mackey erred by denying change of judge for cause | Costa contends Ainley's bias biased the proceeding | Mackey lacked authority to overrule Ainley; no demonstrable bias shown | No error; no preponderance showing bias; denial affirmed |
| Whether the State was entitled to relief regarding the bondable-offense ruling | State seeks review of Ainley’s bondable-offense ruling | Ruling not properly reviewable in this special action; mootness due to §13-3961(D) issue | Ruling declined; not properly reviewable in this context; mootness noted |
| Whether the special action jurisdiction was properly exercised to review bail ruling | Special action provides immediate review of release order | Grounds for jurisdiction met to promote judicial economy | Jurisdiction accepted to review bail ruling; relief granted as to bail; other aspects reserved |
Key Cases Cited
- Gusick v. Boies, 72 Ariz. 233 (1951) (bail must be least onerous to assure appearance and safety)
- Fragoso v. Fell, 210 Ariz. 427 (App. 2005) (pre- and post-Gusick considerations for bail; purposes of bail amendment)
- State v. Ellison, 213 Ariz. 116 (2006) (bias standard for change of judge for cause; burden on movant)
- State v. Rossi, 154 Ariz. 245 (1987) (bias and prejudice standards for judicial impartiality)
- Fraternal Order of Police, Lodge 2 v. Superior Court, 122 Ariz. 563 (1979) (judge cannot review another judge’s judgment; limits of authority)
- Ruesga v. Kindred Nursing Ctrs., L.L.C., 215 Ariz. 589 (2007) (jurisdictional considerations in special actions)
- State v. Eastlack, 180 Ariz. 243 (1994) (bias analysis in judicial proceedings)