Historically Significant Court Cases
For the past several years, the Arizona Supreme Court, with input from legal and historical experts (the clerks of the Superior Court, Superior Court administrators, the Arizona State Library, Archives and Public Records (ASLAPR), the Arizona State Bar, the Department of History at Arizona State University, and others) has been working to preserve Superior Court records.
County courts contain critical records that document not only legal issues and precedents, but much that is valuable in the study of social and economic history, such as class, race, gender, culture, and social and business relations. It is critical that future generations have access to the legal, social, and cultural history contained in these records.
In 2006, through Administrative Order 2006-29, the Arizona Supreme Court took steps to protect historic court records. The order, effective March 21, 2006, defined landmark and historically significant court cases. The Arizona Code of Judicial Administration now includes procedures the public can follow to have a case designated as historically significant or a landmark case. These are found in Section 3-402(F) of the Arizona Code of Judicial Administration.
On April 24, 2008, the Friends of Arizona Archives filed a motion to designate the case of Bishop Thomas O'Brien as historically significant. FAzA listed three reasons for the motion: the case affected a large portion of the community and was controversial, it was generally viewed by the community as important, and it involved a famous individual.
Maricopa County Superior Court Presiding Judge Barbara R. Mundell concurred with FAzA's motion. On May 21, 2006, Judge Mundell signed an order designating the O'Brien case as historically significant. This means that the court records and exhibits associated with the case will be kept permanently.
Any citizen can petition any court in Arizona to have a case designated as historically significant. Section 3-402(F) of the Arizona Code of Judicial Administration contains a sample motion.