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House Engrossed
venue; employee conflict; superior court |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HOUSE BILL 2126 |
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AN ACT
AMENDING title 12, chapter 4, article 1, ARIZONA REVISED STATUTES, by adding section 12-412; RELATING TO CHANGE OF VENUE.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 12-412, to read:
12-412. Procedure for change of venue when a party is a court or clerk employee
A. If a party to a civil action pending in the superior court is an employee of the judicial branch or the clerk of the superior court in the county where the action is pending, a change of venue as a matter of right, applies only if one or more of the following conditions are met:
1. The employee holds or held at the time the action was filed a leadership or supervisory position, including a judge, commissioner, presiding judge, court administrator, clerk of the superior court, chief deputy clerk or division director or an equivalent management position with authority over court operations or personnel.
2. The employee works or worked in the same division of the superior court to which the action is assigned.
3. The superior court in the county where the action is pending has three or fewer divisions, and the employee is employed by the judicial branch or the clerk of the superior court in that county.
B. If a party meets the criteria prescribed in subsection a of this section, either party is entitled to a change of venue as a matter of right. On request of the party applying for the change of venue, the court shall transfer the action to the most convenient adjoining county, unless the parties agree to another county, in which case the court shall transfer the action to the agreed-on county.
C. If a party does not meet the criteria prescribed in subsection a of this section, a change of venue based solely on the party’s employment with the judicial branch or the clerk of the superior court may be granted only on a showing of good cause, including a demonstrated risk of actual bias or the appearance of impropriety that cannot be adequately addressed through recusal, reassignment or use of a visiting judge.
D. This section does not limit or replace any other authority of the court to order recusal, reassignment or appointment of a visiting judge under existing law or rule.