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POLK v. HANCOCK

No. 1 CA-SA 13-0292.

340 P.3d 380 (2014)

State of Arizona ex rel. Sheila Sullivan POLK, Yavapai County Attorney, Petitioner, v. The Honorable Celé HANCOCK, Judge of the Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judge, Jennifer Lee Ferrell, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

As Amended February 18, 2014.

Attorney(s) appearing for the Case

Yavapai County Attorney's Office By Dennis M. McGrane, Prescott, Counsel for Petitioner.

Yavapai County Public Defender's Office By Jared G. Keenan, Prescott, Counsel for Real Party in Interest.

Arizona Attorneys for Criminal Justice, Tucson By David J. Euchner, Sarah L. Mayhew, Joel M. Chorny, Tucson, Amicus Curiae.

Judge JON W. THOMPSON delivered the opinion of the Court, in which Presiding Judge LAWRENCE F. WINTHROP joined. Judge MARGARET H. DOWNIE specially concurred.

OPINION

¶ 1 This case comes before us as a stand-off between the Yavapai County Attorney's Office (the County Attorney) and the Yavapai County Superior Court. The County Attorney recently adopted a policy that all plea agreements would include the following provision ("marijuana provision"): "Defendant shall not buy...

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