Rule 102 - Appellate Review of Orders Under A.R.S.Section 36-2153 (Parental Consent Waiver Proceedings)(a) Review of orders under A.R.S. § 36-2152 shall be sought by filing a notice of appeal with the clerk of the superior court within fourteen days from the date the order is issued; for the purposes of this rule, the order is deemed to be issued when the minor or the minor's attorney has received actual notice of the order, including the written findings, conclusions, and directions required by A.R.S. § 36-2152(B). Simultaneously with such filing, a copy of the notice of appeal shall be mailed, faxed or e-mailed by the appellant to the clerk of the appellate court. The fee for the notice of appeal may be waived by the superior court upon a showing of indigency pursuant to A.R.S. § 12-302. The fee or affidavit of indigency should be filed together with the notice of appeal, but the clerk of the superior court shall not refuse to file a notice of appeal that is not accompanied by the appropriate fee or affidavit of indigency.(b) The clerk of the superior court shall transmit the record in the case to the appellate court forthwith upon the filing of the notice of appeal. The record in the case shall be as defined in Rule 11(a) of the Arizona Rules of Civil Appellate Procedure, except that it shall also include a certified transcript of the proceedings in the superior court.(c) The presiding judge of the superior court shall appoint an attorney for a minor seeking review of an order under A.R.S. § 36-2152, and the charge therefor shall be treated as a state charge, payable by the state treasurer.(d) The record and any hearing or other court proceeding in the appeal of an order issued under A.R.S. § 36-2152 shall be confidential, and the minor's right to anonymity shall be ensured in connection with all proceedings. The name of the minor shall not appear in the caption of the notice of appeal, in any other pleading, anywhere in the record on appeal, or in any decisions or order of the superior court or an appellate court, and the minor may proceed by any designated initials or by an appropriate pseudonym.(e) An appeal from an order issued under A.R.S. § 36-2152 shall be heard and decided by the appellate court within forty-eight hours, excluding weekends and holidays, after the filing of the notice of appeal, and shall take precedence over all other actions. Following a decision of the court of appeals, further review of the matter may be sought by petition for review filed within fourteen days after the decision of the court of appeals. Such further appellate review, if any, shall be heard and decided within forty-eight hours, excluding weekends and holidays, after the filing of the petition for review.(f) In order to permit expedited appellate review of orders issued under A.R.S. § 36-2152, notice of the order of the superior court and of any decision of an appellate court shall be issued in a manner which is designed to give prompt actual notice of the order or decision to the minor or to the minor's attorney, consistent with the confidentiality of the proceedings and with the minor's right to anonymity.(g) Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is a ground only for such action as the appellate court deems appropriate. The appellant is not required to file any motion, request for oral argument, brief, or other paper in support of the appeal, except as provided by order of the appellate court.(h) Except for the time periods specified for decision by an appellate court after the filing of a notice of appeal or petition for review, the time periods provided under this Rule 102 shall be calculated without regard to intervening weekends or holidays, and no additional days shall be allowed for mailing.(i) The Arizona Supreme Court may issue Guidelines, Forms and Instructions, which shall be posted on the Court's website, in order to implement the provisions of this rule.Adopted Oct. 18, 1990. Amended Sept. 18, 2006, effective 1/1/2007;9/5/2007, effective 1/1/2008;9/2/2014, effective 1/1/2015.EXPLANATORY NOTE
Pursuant to A.R.S. § 36-2153 [repealed by Laws 1996, Ch. 90, § 1 ], the Court has adopted Rule 102, Rules of the Supreme Court, 17A A.R.S., providing for appellate review under A.R.S. § 36-2153 (parental consent waiver proceedings). The Court notes, however, that a preliminary injunction has been issued against enforcement of the statute in Planned Parenthood of Southern Arizona v. Corbin, No. 89-489-TUC-ACM (U.S.D.C. Ariz. Sept. 19, 1989 ). Therefore, the rule has been adopted, while recognizing that enforcement of the statute is presently stayed. In adopting the rule, the Court has not considered, heard arguments on, or decided any question regarding the constitutionality of the statute or of the rule.