§ 7.3.6.4.7 Pleas and Plea Agreements.

§ 7.3.6.4.7 Pleas and Plea Agreements. In Polk v. Hancock, 235 Ariz. 361, 363, ¶ 6, 332 P.3d 587, 589 (App. 2014), the court of appeals accepted jurisdiction to address the propriety of the respondent judge’s decision to strike, as a violation of the separation of powers doctrine, a provision the Yavapai County Attorney intended to include in all plea agreements, prohibiting defendants from using, purchasing or growing marijuana, regardless of whether the defendant had a valid medical marijuana card pursuant to A.R.S. § 36-2801. The county attorney made clear it intended to divert all pleas to another judge who would be more amendable to accepting pleas with the provision. The court of appeals accepted jurisdiction because there was no remedy by appeal, the matter was of statewide significance, and it was likely to recur. Resolving this standoff between the judge and the county attorney’s...