Bill
Number: H.B. 2723
Leach Floor Amendment
Reference
to: House
Engrossed Bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Specifies
that the requirement for civil cases to be assigned to judges through either
automated means or a formula only applies to superior court judges in Maricopa
and Pima county.
2. Requires
the superior court, in an emergency matter or when a judge becomes unavailable,
to assign a judge in a blind manner while accounting for judicial availability.
3. Allows
the superior court to deviate from a blind assignment protocol to ensure that tax, complex, commercial and water rights
cases are assigned to appropriate specialty courts.
4. Removes
the specification that the assignment of cases must be unpredictable and
provide for equal distribution of cases among civil trial divisions.
5. Specifies
that a judge may not refuse to accept an assigned case unless good cause
exists, or a court rule or ethical consideration requires or allows for
refusal.
6. Makes
technical changes.
Fifty-fifth Legislature Leach
Second
Regular Session H.B. 2723
LEACH FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2723
(Reference to House engrossed
bill)
Page 1, line
5, strike "trial"; after the second "a" insert "superior court";
after "judge" insert "in a
county with a population of more than one million persons"
Line 7,
strike "random" insert "blind";
after "manner" insert a period strike remainder
of line
Strike lines
8 and 9, insert "In an emergency matter or when a judge who
is assigned to a case becomes unavailable, the superior court must assign a
judge in a blind manner, except that the superior court may account for
judicial availability. The superior court may deviate from a blind
assignment protocol to ensure that cases are assigned to appropriate specialty
courts for tax, complex, commercial and water rights cases."
Line 10,
strike "superior court"; strike "or" insert "a case for assignment to
the judge. A judge may not"
Line 11,
strike "extraordinary circumstances exist"
insert "good cause exists"; after "rule" insert "or ethical consideration"
Line 12,
strike "prohibits the assignment" insert "allows for refusal"
Amend title to conform