§ 5.2.5 Statutory Validity and Construction.

• Jurisdiction: Arizona

§ 5.2.5 Statutory Validity and Construction. Declaratory judgment actions are often used to obtain a determination of the validity or construction of a statute or ordinance. A.R.S. § 12-1832 specifically provides that a person “whose rights, status or other legal relations are affected by a statute [or] municipal ordinance . . . may have determined any question of construction or validity arising under the * * * statute [or] ordinance . . . and obtain a declaration of rights, status or other legal relations thereunder.” Although the United States Supreme Court often has been reluctant to decide the constitutionality of statutes by declaratory judgment, such actions do play an important part in litigation of constitutional issues and other issues of public law. Wright & Miller supra, § 2763 . See, e.g., United States v. Windsor, ___ U.S. ___, 133 S. Ct. 2675 (2013) (action seeking declaratory judgment used to determine the constitutionality of the Defense of Marriage Act).

To secure a determination of validity or construction of a statute, the declaratory judgment plaintiff must fulfill the normal prerequisites to relief discussed in §§ 5.3.1, 5.3.2, and 5.3.3 below. Thus, for example, there must be an actual or justiciable controversy concerning the statute’s validity or interpretation. Compare Planned Parenthood Center of Tucson, Inc. v. Marks, 17 Ariz. App. 308, 497 P.2d 534 (1972) (justiciable controversy over anti-abortion statute found) with Citizens Committee for the Recall of Jack Williams v. Marston, 109 Ariz. 188, 507 P.2d 113 (1973) (no justiciable controversy shown where it was unclear the county recorder would not follow the statute in a constitutional manner). In state court, the plaintiff also must comply with A.R.S. § 12-1841. See § 5.4.2, infra.

The plaintiff must be a party whose interest is affected by the...