Lori S. Davis, Chief Deputy City Attorney (SBN: 027875)
Scottsdale City Attorney's Office
3939 N. Drinkwater Blvd.
Scottsdale, AZ 85251
480-312-2405
[email protected]

Christopher S. Welker (AZ Bar 020060)
Richard R. Carpenter (AZ Bar 030752)
WELKER & PAUOLE PLC
10429 South 51st Street, Suite 285
Phoenix, Arizona 85044
(480) 961-0040
[email protected]
[email protected]
Attorneys for Arizona School Risk Retention Trust, Inc.

Justin M. Ackerman, AZ Bar #030726
Ashley E. Caballero-Daltrey, AZ Bar #036449
JONES, SKELTON & HOCHULI P.L.C.
40 N. Central Avenue, Suite 2700
Phoenix, Arizona 85004
(602) 263-1700
[email protected]
[email protected]
Attorneys for Arizona Counties Insurance Pool and Arizona Municipal Risk Retention Pool

GILBERT TOWN ATTORNEY’S OFFICE
Christopher W. Payne (SBN: 025674)
Kole Lyons (SBN: 037976)
50 E. Civic Center Dr.
Gilbert, Arizona 85296
480-503-6107
[email protected]

Paige A. Martin
Assistant City Attorney
City of Phoenix Law Department
City Hall, 200 W. Washington St., 13th Floor, Phoenix, AZ 85003
Direct: 602.262.4414
[email protected]
State Bar ID: 013320

I agree with all the comments in opposition filed by The City of Scottsdale, Arizona School Risk Retention Trust, Inc., Arizona Counties Insurance Pool and Arizona Municipal Risk Retention Pool, and the Town of Gilbert. As a public employee, I oppose any rule changes that would purport to allow service on a public employee of a notice of a claim against that employee by serving the employer. The administration would be unworkable for large public employers. In any event, as the other comments in opposition explain, that requirement would contravene the Notice of Claim statute.

Samuel A. Thumma
Chair, Arizona Commission on Access to Justice
Judge, Arizona Court of Appeals
Division One
State Courts Building
1501 West Washington Street
Phoenix, AZ 85007-3329
Telephone: (602) 452-6700
[email protected]

Michael D. Bailey, SBN 022117
Ashley E. Wallace, SBN 033360
OFFICE OF THE CITY ATTORNEY
CITY OF GLENDALE
6829 North 58th Drive, Suite 201
Glendale, Arizona 85301
(623) 930-2930
[email protected]
[email protected]
Attorneys for the City of Glendale

TUCSON CITY ATTORNEY’S OFFICE
Roi Lusk (SBN: 25606)
City Attorney
255 W. Alameda, 7th Fl.
Tucson, Arizona 85701
(520) 791-4221
[email protected]

The City of Tucson hereby submits its opposition to the the proposed rule change Petition R-25-0048 as unnecessary, unworkable and in contradiction to Arizona law and the Arizona Constitution. To avoid duplication of comments previously submitted, Tucson agrees with the opposition comments of the cities of Scottsdale, Glendale, Gilbert and Phoenix and the Risk Pools that the petition: 1) fails to adequately identify a problem under the current rules that the proposed rule would and could fix; 2) exceeds the authority of the Court by attempting to amend the notice of claim statute via the Civil Rules and imposing affirmative duties on the state and its subdivisions; 3) violates the rights of individual public employees to be personally served as a requirement of due process; and 4) fails to recognize the current state of the law under Laurence v. Salt River Project Agricultural Improvement & Power District, 255 Ariz. 95 (2023). As Judge Thumma from the Arizona Commission on Access to Justice rightly points out, while the "Commission supports changes that would eliminate barriers for litigants who have legitimate claims against government officials and entities...[a]ny such changes should carefully consider due process for entities and persons being sued, especially those sued in their individual capacity." As noted above and in other comments in opposition to the Petition, the proposed rule change neither necessarily eliminates barriers for litigants nor considers the due process rights of those being sued, particularly those sued in their individual capacity.

Respectfully submitted,
Roi Lusk
City Attorney
Tucson City Attorney's Office

LEAGUE OF ARIZONA CITIES AND TOWNS
Nancy L. Davidson (SBN: 029991)
Ryan M. Potts
1820 W Washington Street
Phoenix, Arizona 85007
(602) 258-5786
[email protected]

SPENCER FANE LLP
Eric D. Gere (No. 023226)
Dontan K. Hart (No. 035207)
2415 E. Camelback Road, Suite 600
Phoenix, AZ 85016
(602) 333-5430
Email: [email protected]
Email: [email protected]

Filed on behalf of:
David K. Byers
Administrative Director
Administrative Office of the Courts
1501 W. Washington, Suite 411
Phoenix, AZ 85007-3327
Phone: (602) 452-3301
[email protected]

The attached Comment is hereby filed.

Comment of the State Bar of Arizona

Jessica J. Fotinos, Bar No. 019777
General Counsel
State Bar of Arizona
4201 N. 24th Street, Suite 100
Phoenix, AZ 85016-6288
(602) 340-7236
[email protected]

Eli Dalton-Webb
5009 E. Ironwood Circle
Sierra Vista, Arizona 85650
(716) 712-4667
[email protected]

Mr. Dalton-Webb hereby posts his reply to the comments and hereby files his request for oral argument.