 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fairness and Accountability v. Greene12/15/1994
P.2d at 1372 (Feldman, V.C.J., Concurring). Tilson involved the language of the initiative itself, whereas this case deals with an analysis in a publicity pamphlet. Doubtless, the language in the initiative is more important than the language in a publicity pamphlet. Yet this court held that it does not have the power to review the language in the initiative before the vote. Id. at 470, 737 P.2d at 1369. Similar considerations should lead us to conclude that we do not have the jurisdiction to review the language adopted for the publicity pamphlet by the Legislative Council.
The majority opinion invites the routine challenge in this court of Legislative Council analyses over the very subjective meaning of the words "impartial analysis" in section 19-124(B). Indeed, the order granting relief to petitioners has already spawned a "copycat" petition asking this court to review the language of another initiative summary. People's Choice Initiative Comm. v. Hogue, No. CV-94-0373-SA (Ariz. Sept. 7, 1994).
On a more practical level, what would this court have done if the petitioners had again protested the language adopted by the Legislative Council after this court's order? If the court again agreed with the petitioners, would the court step in and write the language to meet its view of impartiality? Would it prohibit the use of the adopted language on the pamphlet? These practical considerations are of the sort that have led to the adoption of the principle limiting mandamus to ministerial duties.
III. REVIEW OF ADMINISTRATIVE DECISIONS
The majority also labels the Legislative Council as an administrative agency. Slip op. at 11-12 ("The legislative council is a statutory agency . . . [acting] in an administrative or ministerial role."). The actions of the Legislative Council in which the members deliberate in their elected capacities do not lend themselves to being termed administrative, but assuming, arguendo, that they are, jurisdiction still does not lie.
Judicial review of administrative decisions is governed by the Administrative Review Act (ABA), A.R.S. §§ 12-901 to - 12-931 (1992). Under the ABA, jurisdiction to review actions by an agency lies in the superior court, not the supreme court. A.R.S. § 12-905(A); Rhodes v. Clark, 92 Ariz. 31, 37, 373 P.2d 348, 352 (1962) (ABA "was passed to provide a plain, speedy, and adequate remedy for all adverse administrative determinations covered thereby."); see Rosenberg v. Arizona Bd. of Regents, 118 Ariz. 489, 493, 578 P.2d 168, 172 (1978) (holding that writ of mandamus was inappropriate to grant relief from agency determination because ABA provided adequate remedy) . Furthermore, the definition of agency specifically excludes those "in the judicial or legislative departments of the state government." A.R.S. § 12-901(1). Therefore, the analysis of the Legislative Council, a branch of the legislature, is not subject to review as an administrative agency in this court or any other.
Conclusion
For each of the reasons stated, I would dismiss the petition for special action.
JAMES MOELLER
Vice Chief Justice
CONCURRING:
ROBERT J. CORCORAN, Justice
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|