The American Civil Liberties Union (ACLU) has filed a lawsuit against the Maricopa County Attorney challenging the policy of the MCAO regarding its plea bargain policy used in criminal cases pending in the Early Disposition Court (EDC). The lawsuit, entitled Luckey vs. Adel, was filed in Federal District Court as a class action naming the Maricopa County Attorney, Allister Adel, as the defendant.
As criminal defense lawyers, we understand the value of plea bargains as a useful tool, under some circumstances, allowing a defendant to obtain a reduced sentence rather than suffer the possibility of a longer sentence after a trial. But the ACLU says that the plea policy in the EDC is simply being used as a threat to prevent criminal defendants from exercising their constitutional rights.
The gist of the lawsuit is that under Maricopa County’s guidelines, prosecutors tell every defendant who is charged and whose case is pending in the EDC, without exception, that if he or she requests a preliminary hearing on their case – a right specifically granted under the Arizona Constitution and under the Constitution of the United States – or if the person requests a jury trial (also a right under the U.S. Constitution) – then next plea offer will be “substantially harsher.” This policy, according to the lawsuit, punishes people simply because they are exercising their constitutional rights.
The lawsuit goes on to state that the policy is in effect regardless of the nature or seriousness of the charges against an individual, that person’s criminal history, if any, or even the guilt or innocence of the individual. Because of the nature of the procedure used by the MCAO, the lawsuit refers to it as a “retaliation policy.” Specifically, the lawsuit says that the policy is designed to force quick, low-cost pleas in the Early Disposition Court, at the expense of justice and the rights of the accused.
In addition, the lawsuit charges that the MCAO routinely violates the Arizona Rules of Criminal Procedure regarding providing discovery materials to the defendant. The ACLU says this practice, as well as the plea retaliation policy, effectively create a “Constitution-free zone,” allowing prosecutors to administer their investigatory and prosecutorial powers, and effectively prohibiting defendants from exercising their rights under federal and/or Arizona law.
The lawsuit seeks, in addition to certification as a class action, a declaration that the MCAO “retaliation policy” is in violation of the 6th and 14th Amendments to the U.S. Constitution, and an injunction prohibiting the MCAO from continuing its “substantially harsher” policy. We’ll continue to follow the progress of the case.
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