James B. Morse, Jr.

Meet the Judge

Division 1
Judicial Performance Review Committee Score:
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Survey Response from Judge:
Judge declined to respond to the Center for Arizona Policy survey.

Judicial Decisions

Case Date: 07/30/2019Case Number: 1 CA-CR 18-0501Question Presented: Whether Arizona law providing for “a fine of not less than one thousand dollars or three times the value, as determined by the court,” violates the constitutional jury-trial right. If so, whether the invalid portion of the statute is severable and whether the defendant is entitled to relief under fundamental error review.Decision: Arizona law does violate U.S. Constitution Amendment VI, the clause is severable, and defendant is not entitled to relief as he was not prejudiced by the error.Judge Position: Authored the 3/0 decision.
Case Date: 08/07/2018Case Number: 1 CA-CR 16-0857; 1 CA-CR 16-0923Question Presented: Whether Arizona law providing that “[i]t is not a defense to a prosecution [for child prostitution] that the other person is a peace officer posing as a minor . . .” is unconstitutional unless it is applied only to non-in-person solicitations. Decision: The law is rationally related to a legitimate government purpose and therefore constitutional.Judge Position: Joined in the 3/0 decision.