ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB 2595: change of judge; grounds; decision.

Sponsor: Representative Parker, LD 16

Committee on Judiciary

Overview

Requires a court to approve a change of judge when presented a signed affidavit alleging bias and prejudice.

History

Statute allows either party to a civil action in superior court to file an affidavit alleging grounds that may justify a change of judge. The grounds for a change of judge include:

1)   The judge was previously engaged as counsel in the action;

2)   The judge has an interest in the action;

3)   The judge is related to either party to the action;

4)   The judge is a material witness in the action; or

5)   The person has reason to believe they will not receive a fair and impartial trial due to the bias, prejudice or interest of the judge (A.R.S. § 12-409).

The law places specified limitations on a change of judge. A change of judge can only occur once per proceeding. If the parties agree on a particular judge or county, that judge or county must be selected (A.R.S. § 12-411).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMandates the court grant a change of judge when presented a signed affidavit alleging bias or prejudice. (sec. 1)

2.   States a party that signs and files a document entitled Notice of Change of Judge complies with the affidavit requirements. (Sec. 1)

3.   Contains a legislative intent statement. (Sec. 2)

4.   Makes technical changes. (Sec. 1)

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8.                     HB 2595

9.   Initials LC/JH        Page 0 Judiciary

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