Judge Steven J. Fuller of the Pinal County Superior Court issued an Order on June 10, 2013 to place Nathan Powell in custody for failing to pay a court ordered property settlement. Prior to issuing the order, Mr. Powell’s attorney, Charity Clark an associate at Marc J. Victor, P.C. had informed the court Mr. Powell was unable to pay the amount and the Arizona Constitution, Art. II Section 18 forbids a court from placing an individual in custody for failing to pay a debt.
In fact, Judge Fuller was fully aware of this fact and had stated in a previous hearing he knew he could not have Mr. Powell incarcerated for failing to pay the settlement. However despite Ms. Clark’s objections and his knowledge of the validity of the objections, Judge Fuller ordered Mr. Powell be taken into custody. While Mr. Powell sat in jail for failing to pay a debt in direct contradiction to the Arizona Constitution, Marc Victor and Charity Clark have filed a petition for a writ of habeas corpus to the Arizona Supreme Court seeking his immediate release.