Justice Orders Steps to Enforce Ban on Bail for Some Immigrants
April 3rd, 2007 @ 8:58pm by Associated Press

PHOENIX - Arizona's top judge on Tuesday denied that the court system has tried to thwart a voter-approved ban on bail for illegal immigrants charged with serious crimes and said law enforcement must provide judges with information on whether the ban applies to individual defendants.

"It is the responsibility of executive branch entities _ law enforcement and prosecutors - to provide factual information to courts," Supreme Court Chief Justice Ruth V. McGregor said in a letter to legislators.

However, McGregor also said in the letter that court personnel can ask about a defendant's immigration status, but only to decide whether a defendant can be released from custody until trial.

McGregor's order and letter were the latest developments in weeks-long wrangling between various officials and branches of government over who has the responsibility to implement Proposition 100, which denies bail to illegal immigrants charged with serious crimes.

In response to a case that involved a fatal stabbing, some legislators recently critically questioned whether state courts are complying with Proposition 100 since its approval last November.

The issue surfaced with disclosure that an illegal immigrant was sought in a fatal stabbing that occurred following his release on bond. The man had been arrested on charges of kidnapping and assault, deported to Mexico but then reportedly returned to Arizona before the stabbing occurred in Mesa.

On Sunday, the East Valley Tribune reported that a Maricopa County court official had told staff in e-mails to stop asking defendants for their immigration status.

On Monday, Maricopa County Attorney Andrew Thomas said his office will take the unprecedented step of staffing criminal defendants' initial court appearances to ensure that Proposition 100 is being followed.

Earlier Tuesday, state Rep. Russell Pearce said during a floor speech that the public has a right to expect that Proposition 100 and other laws will be enforced.

Defending Thomas from criticism from House Democrats, Pearce said, ``the finger pointing must stop.''

McGregor said in a letter to House and Senate leaders that court officials have learned that Proposition 100 was enforced in hundreds of cases but that there were ``some inconsistencies and confusion'' among courts, law enforcement personnel and defense and prosecution attorneys.

"The courts clearly have not undertaken any systematic effort to thwart implementation," McGregor wrote. "We have, however, identified some issues with the courts that I am taking steps to correct, with the cooperation and efforts of many judges and court and administrative staff members."

McGregor modified a form that law enforcement personnel use to provide courts with information about defendants. The form now will specifically ask whether a defendant is accused of a serious crime and whether he or she is in the United States illegally and what the basis is for those statements.

Courts will hold hearings on whether bail should be denied, typically within 24 hours, McGregor said.

Statements made by defendants during those release hearings can't be used later on the issue of guilt vs. innocence, McGregor's order stated.

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