Petitioner Alan W. Gockley (“Gockley”) brings this special action to challenge an order of the Arizona Department of Corrections Disciplinary Committee (“Disciplinary Committee”). Gockley is a prisoner in the custody of the Arizona Department of Corrections and is confined at the Arizona State Prison. We accepted jurisdiction pursuant to Ariz. Const, art. 6, § (5)(1) and Rule 8, Ariz.R.P.Sp.Act., 17A A.R.S.
In May 1982, Gockley was found guilty of escape, a disciplinary violation. Based on this finding, the Disciplinary Committee recommended that $1500 restitution be or
In Arizona, “special actions” are the extraordinary remedy proceedings previously termed certiorari, mandamus or prohibition. See Rule 1, Ariz.R.P.Sp.Act. 17A A.R.S. (“Rule _”); see also Large v. Superior Court,
Depending on the nature of the claim, a petition for special action may be filed in the superior court, appeals court or supreme court. In determining which court is appropriate, several factors should be considered. Included among these factors are the posture of the case, and any relevant constitutional provisions, statutes or legal precedents. See generally State Bar of Arizona, Arizona Appellate Handbook ch. 7 (1983 and Supp. 1986).
In some cases, it is possible that more than one court will have jurisdiction to entertain a petition for special action. In such cases, the choice of forum must be resolved. Id. at § 7.3.3. For example, under Ariz. Const, art. 6, § 5(1), the supreme court has original jurisdiction to entertain special actions directed toward state officials. This original jurisdiction is not exclusive, but rather is concurrent with that of the superior court. Arizona Corp. Comm’n v. Superior Court,
Gockley initially filed his petition for special action in the supreme court. In the petition, he challenges an administrative decision of the Department of Corrections Disciplinary Committee. Under A.R.S. § 12-905, jurisdiction to review that decision is vested in the superior court. Additionally, since the action is directed at a state official, the supreme court also has jurisdiction under Ariz. Const, art. 6, § 5.
In his petition, Gockley alleges that a lower court will not grant review without payment of a filing fee and, as a pauper, he cannot satisfy that requirement. It appears from the record, however, that Gockley never even attempted to file in superior court. Rather, he merely concludes that as he cannot pay the required filing fee, the “appropriate” court will not hear the matter. We believe that such a broad and unsupported allegation is insufficient to meet the requirements of Rule 7(a). By not attempting to file his petition in superior court, Gockley precluded that court from possibly accepting jurisdiction and hearing
Accordingly, we find that the petition for special action, challenging an order of the Disciplinary Committee, should properly have been initiated in the superior court. If, at some later time the superior court renders a decision in the matter, Rule 8 provides for a review by appeal. If, however, at that time there is no “equally plain, speedy, and adequate remedy” by appeal, a review by special action to an appellate court is then permitted. Rule 8.
We write this opinion to urge that in propria persona claimants, as well as attorneys, carefully consider the Rules of Procedure for Special Actions when determining the appropriate court in which to file. Adherence to the rules is mandated not only by the constraints on judicial time and resources, but also by the well-reasoned policy of limiting appellate review to final judgments. An exception to this policy, in the form of appellate court special actions, should be reserved for those extraordinary actions necessitating speedy relief. This is not such a case.
The Petition for Special Action is dismissed.
Notes
. Renumbered § 31-254(H). See Laws 1978, Ch. 164, § 11, eff. Oct. 1, 1978; Laws 1980, Ch. 117, § 8; Laws 1984, Ch. 188, § 42; Laws 1985, Ch. 265, § 1.
