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JOHNSON v. O'CONNOR

Nos. 1 CA-SA 14-0035, 1 CA-SA 14-0036.

327 P.3d 218 (2014)

Samuel C. JOHNSON, III, Petitioner, v. The Honorable Karen L. O'CONNOR, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, State of Arizona, Real Party in Interest. Psychological Counseling Services, Ltd., Petitioner, v. The Honorable Karen L. O'Connor, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

As Amended June 6, 2014.

Attorney(s) appearing for the Case

Piccarreta Davis, PC By Michael L. Piccarreta, Jefferson Keenan, Tucson, Counsel for Petitioner.

Osborn Maledon, PA By Larry A. Hammond, Anne M. Chapman, Anna H. Finn, Phoenix, Snell & Wilmer, LLP By Brett W. Johnson, Sara J. Agne, Phoenix, Counsel for Petitioner Psychological Counseling Services, Ltd.

Maricopa County Attorney's Office By E. Catherine Leisch, Andrea L. Kever, Phoenix, Counsel for Real Party in Interest.

Judge RANDALL M. HOWE delivered the opinion of the Court, in which Presiding Judge JOHN C. GEMMILL specially concurred and Judge KENT E. CATTANI concurred in part, dissented in part.

OPINION

HOWE, Judge.

¶ 1 Psychological Counseling Services, Ltd., ("PCS") located in Arizona, provided counseling to Samuel C. Johnson. The Maricopa County Superior Court has issued a summons under the Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings ("the Uniform Act" or "the Act"), codified in A.R.S. §§ 13-4091 to -4096, ordering PCS's custodian of records ("custodian") to testify and to produce...

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