J.D. M.M. v. Hon. hegyi/t.D./state of Arizona
236 Ariz. 39
| Ariz. | 2014Background
- In 2011 a 16-year-old (Daughter) accused her stepfather T.D. of sexual abuse; her mother J.D. exercised the child’s victims’ rights.
- Arizona law generally lets victims refuse defense interviews; a 2006 statute, A.R.S. § 13-4433(G), extends that protection to a parent or guardian who exercises victims’ rights for a minor.
- After multiple continuances, the victim turned 18 while the criminal case remained pending.
- T.D. moved to compel Mother to submit to a defense interview; the superior court granted the motion.
- The court of appeals held the parent’s refusal right expired at the victim’s majority but protected pre-majority communications; Mother and Daughter sought review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a parent’s statutory right under § 13-4433(G) to refuse a defense interview expires when the child turns 18 or continues until final disposition | § 13-4433(G), read with § 13-4402(A), protects the parent’s right through the end of the case; the statute should be liberally construed to protect victims | The parent’s right ends at the child’s majority because the parent no longer "exercises victims’ rights on behalf of a minor," and pretrial interview rights are not absolute given disclosure and trial testimony obligations | The right continues until final disposition; a parent who exercised a minor’s victims’ rights may refuse defense interviews even after the child turns 18 |
Key Cases Cited
- J.D. v. Hegyi, 234 Ariz. 210 (App. 2014) (court of appeals decision addressed whether parental refusal right expires at victim’s majority)
- State v. Lucas, 234 Ariz. 263 (App. 2014) (court of appeals held parental refusal right continues until end of proceedings)
- Knapp v. Martone, 170 Ariz. 237 (1992) (discusses victims’ constitutional right to refuse defense interviews under the Victims’ Bill of Rights)
- State v. Draper, 162 Ariz. 433 (1989) (pre-VBR discussion of circumstances permitting compelled deposition of a victim)
- State v. Riggs, 189 Ariz. 327 (1997) (recognizes purpose of refusing defense interviews to avoid subjecting victims to unwelcome pretrial contact)