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For the past several years, the Arizona Supreme Court, with input from Clerks of the Superior Court, Superior Court Administrators, the Arizona State Library, Archives and Public Records (ASLAPR), the Arizona State Bar, ASU History Department and others, has been working to preserve Superior Court records.
County courts contain critical records that document not only legal issues and precedent, but class, race, gender, culture, and the social and economic environment of a population. It is critical that future generations have access to the legal, social and cultural history contained in these records.
Through Administrative Order 2006-29, the Arizona Supreme Court took steps to protect historic court records. The order, effective March 21, 2006, outlined definitions of landmark and historically significant cases. The Arizona Code of Judicial Administration now describes procedures the public can follow to have a case designated as historically significant or a landmark case. These are found in Section 3-402(F) of the Arizona Code of Judicial Administration.
On April 24, 2008, the Friends of Arizona Archives (FAzA) filed a motion to declare the case of Bishop Thomas O'Brien as historically significant. FAzA listed three reasons for the motion: The case affected a large portion of the community and was controversial, the case was generally viewed by the community as important, and the case involved a famous individual.
Maricopa County Superior Court Presiding Judge Barbara R. Mundell concurred with FAzA's motion. On May 21, Judge Mundell signed an order designating the O'Brien case as historically significant. This means that the court records and exhibits will be kept permanently.
Any citizen can petition any court in Arizona to have a case designated as historically significant. Below are some sample documents and instructions.
- Code Excerpt & Suggested Forms
- FAzA motion to designate case as Historically Significant
- Judge Mundell's order designating O'Brien case as Historically Significant
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