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HAAG v. STEINLE

No. 1 CA-SA 11-0084.

255 P.3d 1016 (2011)

Albert C. HAAG, Petitioner, v. The Honorable Roland J. STEINLE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona ex rel. William G. Montgomery, Maricopa County Attorney, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department C.

May 5, 2011.

Attorney(s) appearing for the Case

Debus, Kazan & Westerhausen LTD By Tracey Westerhausen, Phoenix, Attorneys for Petitioner.

William G. Montgomery, Maricopa County Attorney, By Adam Susser, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.

OPINION

DOWNIE, Judge.

¶ 1 In this special action proceeding, we interpret Arizona Revised Statutes ("A.R.S.") section 13-3967(E)(1), which mandates that individuals charged with certain bailable sex offenses be subject to electronic monitoring "where available." Because we conclude the superior court has the discretion to allow petitioner Albert Haag to be released to his home in Buffalo, New York, where electronic monitoring is unavailable, we accept...

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