J.D. v. Hon. Hugh Hegyi

Daughter accused Stepfather of sexual abuse. Because Daughter was a minor at the time of the accusation, Mother asserted victims’ rights on her behalf. Before trial, Daughter turned eighteen. Stepfather then filed a motion to compel Mother to submit to a defense interview, which the superior court granted. Mother and Daughter sought special action relief in the court of appeals. The court held that the right of a parent who exercises victims’ rights on behalf of a minor to refuse a defense interview expires when the victim reaches the age of eighteen. The Supreme Court vacated the opinion of the court of appeals and the order of the superior court, holding that a parent who exercises victims’ rights on behalf of a minor child is statutorily entitled to refuse a defense interview through the final disposition of the charges, even if the child earlier turns eighteen. View "J.D. v. Hon. Hugh Hegyi" on Justia Law