Duff v. Honorable Kenneth Lee
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In this case concerning the interaction between Ariz. Rev. Stat. 12-133, a compulsory arbitration statute, and the Fast Trial and Alternative Resolution (FASTAR) Pilot Program the Supreme Court affirmed the judgment of the trial court denying Petitioner's motion for arbitration, holding that there was no conflict between the statute and this Court's orders and rules establishing FASTAR.
Plaintiff filed a complaint seeking damages against the Tucson Police Department. Plaintiff filed a certificate of compulsory arbitration under section 12-133. Plaintiff filed a motion asking the court to order section 12-133 arbitration, asserting that FASTAR was unconstitutional as applied to her because it denied her right to a trial de novo and appeal following arbitration. The trial court denied the motion and concluded that Plaintiff was not entitled to section 12-133 arbitration. The court of appeals affirmed. The Supreme Court affirmed, holding that no conflict exists between section 12-133 and the FASTAR rules.
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