REFERENCE TITLE: change of judge; grounds; decision.

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

HB 2595

Introduced by

Representative Parker: Senator Petersen

AN ACT

amending section 12-409, Arizona Revised Statutes; relating to the courts.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-409, Arizona Revised Statutes, is amended to read:

START_STATUTE12-409. Change of judge; grounds; affidavit

A. If either party to a civil action in a superior court files an affidavit alleging any of the grounds specified in subsection B of this section, the judge shall at once transfer the action to another division of the court if there is more than one division,  or shall request a judge of the superior court of another county to preside at the trial of the action.

B. A party may allege any of the following grounds which may be alleged as provided in subsection A for change of judge are:

1. That the judge has been engaged as counsel in the action prior to before appointment or election as judge.

2. That the judge is otherwise interested in the action.

3. That the judge is of kin or related to either party to the action.

4. That the judge is a material witness in the action.

5. That the party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice,  or interest of the judge he the party cannot obtain a fair and impartial trial.

C. An affidavit that alleges bias and prejudice shall be granted as a matter of right, and the court has no discretion to determine the merits of the affidavit.

D. A party complies with the affidavit requirements of this section by signing and filing a document entitled "Notice of change of judge".  END_STATUTE

Sec. 2. Legislative intent

The legislature finds:

1. The right to a change of judge pursuant to section 12-409, Arizona Revised Statutes, as amended by this act, is a valuable substantive right. The court may not terminate, suspend or abridge this right by administrative order, rule or otherwise.

2. The right to a change of judge is limited by section 12-411, subsection A, Arizona Revised Statutes, and any other reasonable court rule that prescribes time limits or the method or form for exercising the right.

3. Section 12-409, Arizona Revised Statutes, as amended by this act, does not prevent the court from expanding or enhancing the right to a change of judge.