Case Date: 05/24/2022Case Number: 1 CA-SA 21-0170Question Presented: Whether A.R.S. § 19-118.01(B), designating as a class 1 misdemeanor payment for signatures collected for statewide initiative or referendum petitions, imposes a severe burden on First Amendment rights such that the statute must be narrowly tailored to advance a compelling state interest, and whether the State’s interests in preventing fraud are sufficient to justify any burden § 19-118.01(B) imposes on First Amendment rights.Decision: The misdemeanor provision in § 19-118.01(B) violates the First Amendment but can properly be severed to save the rest of the statute.Judge Position: Authored the 3/0 decision.
BATTY v. AZ MEDICAL BRD
Case Date: 05/10/2022Case Number: 1 CA-CV-21-0021Question Presented: Whether A.R.S. § 32-1401(27)(aa)(ii), which prohibits a physician from engaging in “verbal conduct or physical contact of a sexual nature” with a patient is constitutionally void for vagueness.Decision: A.R.S § 32-1401(27)(aa)(ii) is not unconstitutionally vague.Judge Position: Authored the 3/0 decision.
COLEMAN v. AMON
Case Date: 08/17/2021Case Number: 1 CA-CV 19-0350Question Presented: Whether A.R.S. § 12-2605, which generally bars a healthcare provider’s apologetic statements as evidence of liability or an admission against interest in a civil action, violates the Arizona Constitution’s provisions relating to separation of powers, special laws, or privileges and immunities.Decision: The law does not infringe on constitutional separation of powers (Ariz. Const. art. III), is not an unconstitutional special law (Ariz. Const. art. IV, pt. 2, § 19), and does not violate the privileges and immunities clause (Ariz. Const. art. II, § 13). Judge Position: Authored the 3/0 decision.