Fillable Minor Abortion Public (Clerk of the Superior Court)

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Minor Abortion Public (Clerk of the Superior Court)

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BROWSE CLERK OF THE SUPERIOR COURT (AZ) FORMS

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Arizona Supreme Court Page 1 of 5 AOC JVMA1I-052214
INSTRUCTIONS FOR FILING PETITIONS FOR
JUDICIAL CONSENT TO ABORTIONS PURSUANT TO
A.R.S. § 36-2152(B)
If you are a pregnant minor, are unmarried and live with a parent, A.R.S. § 36-2152(B) requires
written consent from one of your parents, your guardian, or your conservator for you to obtain an abortion.
These instructions will tell you how to petition a superior court judge to authorize an abortion without
parental consent and how the Arizona courts will hear and decide your Petition. The proceedings are
confidential. No information about you or your Petition will be available to the public. There is no cost
to you in seeking a judicial order.
1. Filing the Petition. You must complete the form of Petition attached to these instructions by
printing or typing the information needed and file it with a clerk of the superior court (see list of addresses,
attached). You may use a fictitious name such as “Jane Doe” or initials such as “J.D.” on the Petition, and
you do not need to sign the Petition with your real name. However, you must put your real name and how
the clerk can reach you on the Data Sheet. This Data Sheet with your real name will be kept separate from
your case file; your true name will be kept confidential as required by the statute.
If you file the Petition in person, you must do so at the office of a clerk of the superior court (see
list of addresses). After you file the Petition, the clerk will ask you to wait while the file is opened and a
hearing date is scheduled.
If you file the Petition by mail, you must include a copy of the Data Sheet with your contact
information so the clerk will know how to reach you. You should call the clerk of the superior court if
you do not receive a Notice of Hearing within 48 hours of mailing the Petition.
2. Guardian ad Litem. Pursuant to state statute, the court is required to appoint a guardian ad
litem to make recommendations to the judge regarding what is in your best interest.
3. Right to an Attorney. Pursuant to the statute, you have a right to be represented by an attorney
at no expense to you. If you want to have a court-appointed attorney, please check the appropriate line on
the Petition form. If possible, the clerk will inform you while you are waiting for the file to be opened of
the name, address, and phone number of your court-appointed attorney. That attorney will represent you
at the hearing and on any further appeal, if required.
4. The Hearing. When you file your Petition, the clerk will notify the assigned judge to arrange
for a hearing. You have a right to a hearing and a ruling on your Petition within 48 hours of filing the
Petition, excluding weekends and holidays. Before you leave the counter, if possible the clerk will give
you a Notice stating the time and date of the hearing. If you mail your Petition to the clerk, or if you file
it in person and no judge is available the same day, the clerk will inform you as soon as possible using
the means you designate on the Data Sheet of the date and time of your hearing. Failure to attend the
hearing may result in the Petition being denied.
At the hearing, the judge must determine whether you are mature and capable of giving informed
consent to the abortion. If you do not claim to be mature, or if the judge finds you are not mature, the
judge must determine whether an abortion without consent from one of your parents, a guardian, or a
Reset Form
Arizona Supreme Court Page 2 of 5 AOC JVMA1I-052214
conservator is in your best interests. The judge may ask you questions, and you have the right to introduce
evidence at the hearing, concerning both of these determinations.
The judge will appoint a guardian ad litem to recommend to the judge what is in your best
interests. There is no expense to you for the appointment of a guardian ad litem and such appointment
will not delay the hearing unless you agree to a postponement.
5. The Ruling. Within 48 hours of filing your Petition, excluding weekends and holidays, the
judge will issue his or her decision. If the judge finds you are mature and can give informed consent to
the abortion, or that an abortion without consent from one of your parents, a guardian, or a conservator is
in your best interests, the judge will enter an Order authorizing the abortion. If the judge grants your
Petition, the clerk specialist will prepare a certified copy of the Order for you to provide to your doctor.
If the judge denies your Petition, the clerk will provide a copy of the Order to you, on the same
day it is issued, using the means you designate on the Data Sheet. You will also receive information about
your right to appeal. See ¶¶ 5-7, below.
If you do not receive a ruling within 48 hours of the hearing, you should call or come to the clerk’s
office. If the judge does not enter a ruling within 48 hours of your filing the Petition, the Petition is
considered granted and the clerk specialist will prepare a document entitled Certification of the Clerk for
you to provide to your doctor.
6. Appeal Rights. If you are dissatisfied with the ruling, you have a right to an appeal. If you
want to appeal, you should do so as soon as possible. A Notice of Appeal must be received by and filed
in the superior court clerk’s office no later than 15 days after the file-stamped date on the superior court
Order or you will lose your right to appeal. If the 15
th
day falls on a weekend or a date the superior court
is closed, the last day to appeal will be the next day the superior court clerk’s office is open.
Prepare the Notice of Appeal form as you did the Petition and file it with the superior court clerk.
There is no charge for filing an appeal. If you did not ask to be represented by a court-appointed attorney
for the superior court hearing and want to be so represented on appeal at no charge to you, check the
appropriate line on the Notice of Appeal.
If you deliver your Notice of Appeal in person, the clerk will call and inform the appellate court
clerk that an appeal has been filed. The court of appeals will set a hearing on your appeal to be held within
48 hours of filing the appeal form, excluding weekends and holidays. If possible, the superior court clerk
will inform you of the location, time and place of that hearing while you wait. If that is not possible, the
court of appeals clerk will contact you with that information using the means designated on the Data
Sheet. If you mail the Notice of Appeal to the superior court clerk, you must provide contact information
so you can be advised of the date and time of the appellate hearing.
The superior court clerk will send you or your attorney a copy of the recording or transcript of the
superior court hearing so that you have it prior to any appellate hearing. There is no cost to you for
preparing the transcript or for the recording.
7. The Appeal Hearing. The court of appeals will hold the appeal hearing and issue a ruling on
your appeal within 48 hours of the filing of your Notice of Appeal, excluding weekends and holidays.
Arizona Supreme Court Page 3 of 5 AOC JVMA1I-052214
You may attend the appeal hearing in person or by telephone. If you indicate on the Notice of Appeal that
you will attend the hearing by phone, the court of appeals will call you at the phone number you provide
on the date and time indicated on the Notice of Hearing on Appeal. The court of appeals’ decision will
be provided to you using the means designated on the Data Sheet.
8. Further appellate review. If you are dissatisfied with the court of appeals’ decision, you may
file a Petition for Review to the Arizona Supreme Court. If you want the supreme court to review the
matter, you should file a Petition for Review as soon as possible, but no later than 30 days after the court
of appeals’ ruling is filed. All of the procedures for filing the Notice of Appeal also apply to the Petition
for Review, except the Petition for Review should be filed with the clerk of the supreme court. A ruling
must be issued within 48 hours of the filing of your Petition for Review, excluding weekends and
holidays.
Arizona Supreme Court Page 4 of 5 AOC JVMA1I-052214
MINOR ABORTION FORMS/INSTRUCTIONS
CLERKS OF THE SUPERIOR COURT
Court Locator
Superior Court in Apache County 70 West 3rd South
St. Johns, AZ 85936
Phone: (928) 337-7550
Superior Court in Cochise County 100 Quality Hill
Bisbee, AZ 85603
Phone: (520) 432-8570
Superior Court in Coconino County County Courthouse
200 N. San Francisco
Flagstaff, AZ 86001
Phone: (928) 679-7600
Superior Court in Gila County 1400 E. Ash
Globe, AZ 85501
Phone: (928) 425-3231
Superior Court in Graham County County Courthouse
800 Main St. Safford, AZ 85546
Phone: (928) 428-3100
Superior Court in Greenlee County County Courthouse
223 Fifth Street
Clifton, AZ 85533
Phone: (928) 865-4242
Superior Court in La Paz County 1316 Kofa Ave, Ste. 607
Parker, AZ 85344
Phone: (928) 669-6131
Superior Court in Maricopa County
Juvenile Court Center 3131 W. Durango
(Durango) Phoenix, AZ 85009
Phone: (602) 506-4533
Juvenile Court Center 1810 S. Lewis
(South East Facility) Mesa, AZ 85210
Arizona Supreme Court Page 5 of 5 AOC JVMA1I-052214
Superior Court in Mohave County 401 E. Spring Street
Kingman, AZ 86402
Phone: (928) 753-0713
Superior Court in Navajo County County Courthouse
100 E. Code Talkers Drive
South Highway 77
Holbrook, AZ 86025
Phone: (928) 524-4188
Superior Court in Pima County
Juvenile Court Center 2225 E. Ajo Way
Tucson, AZ 85713
Phone: (520) 740-3201
Superior Court in Pinal County County Justice Complex
971 Jason Lopez Circle, Bldg. A / Hwy. 79
Florence, AZ 85132
Phone: (520) 866-5300
Superior Court in Santa Cruz County Santa Cruz County Complex
2150 N. Congress Drive
Nogales, AZ 85621
Phone: (520) 375-7700
Superior Court in Yavapai County County Courthouse
120 S. Cortez
Prescott, AZ 86303
Phone: (928) 771-3312
Superior Court in Yuma County County Courthouse
250 W. 2
nd
Street, Ste. B
Yuma, AZ 85364
Phone: (928) 817-4222
Arizona Supreme Court Page 1 of 2 AOC JVMA2F-072512
SUPERIOR COURT OF
ARIZONA
IN
COUNTY
IN THE MATTER OF: ) Case Number:
)
, ) PETITION TO AUTHORIZE
a minor ) PHYSICIAN TO PERFORM
) ABORTION
[Use fictitious name if petitioner )
has so requested] )
)
)
I hereby request that this Court enter an order authorizing a physician to perform an abortion
without the consent of my parent(s) or guardian or conservator, pursuant to A.R.S. § 36-2152(B).
1. I am years old and my date of birth is .
2. I am aware that the Court will appoint a guardian ad litem for me, at no charge to me.
3. I am aware that the Court will appoint an attorney to represent me, at no charge to me,
if I so choose.
4. [ ] I request that the Court appoint an attorney to represent me in this matter, free
of charge; OR
[ ] I do not request a court-appointed attorney. I have personally chosen to
represent myself, and not be represented by an attorney; OR
[ ] I am represented by an attorney, as follows:
Name of Attorney:
Address:
City, State, Zip Code:
Telephone Number:
PINAL
Case Number:
Arizona Supreme Court Page 2 of 2 AOC JVMA2F-072512
5. I believe I am weeks pregnant or my expected due date is .
6. [ ] I want to terminate my pregnancy by abortion.
7. [ ] I am mature and capable of giving informed consent to the proposed abortion;
AND/OR [both paragraphs 6 and 7 may be checked, if applicable]
8. [ ] It is in my best interests to have an abortion without the consent of my
parent(s), guardian, or conservator.
For the reasons above stated, I respectfully request that this Court authorize a physician to
perform an abortion at my request, without the consent of a parent, guardian, or conservator.
Date (Petitioner’s signature, using true name OR
fictitious name OR initials)
Arizona Supreme Court Page 1 of 1 AOC JVMA3F-072011
DATA
SHEET
Judicial Consent to Abortions for
Minors
Pursuant to A.R.S. §
36-2152(B)
Petitioner’s true name:
Fictitious name to be used (if any):
Name of attorney (if any):
Attorney’s address:
Attorney’s phone number:
Please indicate which of the following methods you wish to have the court use to contact you
regarding this proceeding. In making your decision as to how you want to be contacted,
please keep in mind that the court must keep this matter strictly confidential.
[ ] The court may telephone me at the following number:
[ ] The court may contact me by mail at the following address:
Street Address:
City, State, Zip Code:
[ ] The court may contact me at the following e-mail address:
[ ] The court may contact me at the following fax number:
[ ] I only want to be contacted personally and I am responsible for appearing in person at the
office of the clerk of the superior court.
Date Signature of Petitioner (Please use true name)
Arizona Supreme Court Page 1 of 1 AOC JVMA4F-052214
SUPERIOR COURT OF ARIZONA
IN COUNTY
IN THE MATTER OF: )
)
,)
a minor )
[Use fictitious name if petitioner )
has so requested] )
)
Case Number:
CERTIFICATION OF THE CLERK
The petitioner in this matter has filed a Petition to Authorize Physician to Perform
Abortion, pursuant to A.R.S. § 36-2152(B). According to A.R.S. § 36-2152(F), if the Court has
not held the hearing on the petition and issued a ruling within forty-eight hours after the petition
was filed, excluding weekends and holidays, the petition is deemed to have been granted and the
consent requirement is waived. The Clerk of this Court hereby certifies as follows:
1. The petition in this matter was filed on , 20 , at o’clock
.m.
2. The Court was required to hold a hearing and issue a ruling on or before ,
20 , at o’clock .m.
3. No ruling in this matter was issued within the time required by A.R.S. § 36-2152(F).
Date Clerk of the Superior Court
PINAL
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Minor Abortion Public (Clerk of the Superior Court)

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Completed 25 July 2020

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