But that doesn’t mean the ruling won’t reverberate in Arizona. Avelar said Supreme Court rulings tend to push previously ignored issues to the forefront and encourage lawyers to litigate things that they hadn’t considered before. That may well happen in Arizona as a result of the Timbs ruling, he said.
“Any time the Supreme Court issues a decision, it does affect the way that lawyers think about claims or argue claims, move claims forward, things like that,” Avelar said. “So, I would expect to see more litigation about this issue in Arizona.”
While no individual laws or policies stood out to Avelar as ripe for litigation, he said the cumulative fines and fees that defendants often face in Arizona could be susceptible to legal challenges. Many relatively low-level misdemeanors carry financial penalties by law. But defendants also face other mandatory court costs, programs with enrollment fees, and other assessments.