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HEATH v. KIGER

No. CV-07-0222-PR.

176 P.3d 690 (2008)

Sarah M. HEATH, Petitioner, v. The Honorable William T. KIGER, Judge of the, Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

February 21, 2008.

Attorney(s) appearing for the Case

Damon A. Rossi, by Damon A. Rossi, and Abigail Jensen, P.C., by Abigail Jensen, Prescott, Attorneys for Sarah M. Heath.

Sheila Sullivan Polk, Yavapai County Attorney, by Tina R. Ainley, Deputy County Attorney, Dennis M. McGrane, Deputy County Attorney, Prescott, Attorneys for State of Arizona.

Andrew P. Thomas, Maricopa County Attorney, by Diane Gunnels Rowley, Deputy County Attorney, Phoenix, Attorney for Amicus Curiae Maricopa County Attorney's Office.

OPINION

McGREGOR, Chief Justice.

¶ 1 Under Article 2, Section 22, of the Arizona Constitution, persons charged with a crime can be released on bail except in limited circumstances. One such circumstance occurs when a person charged with a felony offense "is already admitted to bail on a separate felony charge and . . . the proof is evident or the presumption great as to the present charge." Ariz. Const. art. 2, § 22.A.2 (emphasis added)...

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