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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
DCS cases; attorney appearances
Purpose
Prohibits an attorney representing the Department of Child Safety (DCS) in specified cases from appearing before a judge whom the attorney has already appeared before in any of DCS' previous five cases.
Background
The juvenile court has jurisdiction over proceedings in an action in which parental rights are terminated. In a juvenile court proceeding an attorney may substitute as attorney of record in a pending action only by court order, except as prescribed for case transfers within the same law firm or governmental office. The attorney must file a motion that contains the client's written consent and a proposed order, and the substituting attorney must promptly provide the signed order to the other parties' attorneys. If a pending case is transferred within the same law firm or governmental office, the court must be notified of the new attorney of record, including any changes in the physical or email address. An order of substitution is not required for case transfers within the same law firm or governmental office. If a transfer is made for purpose of appeal, the notice must be filed with the appellate court in which the case is pending (A.R.S. § 8-202; Ariz. Juv. Ct. Rules of Proc., Rule 304).
A party to a juvenile court proceeding is entitled to a change of judge for cause on the grounds that the: 1) judge has been engaged as counsel in the action prior to appointment or election as a judge; 2) judge is otherwise interested in the action; 3) judge is of kin or related to either party to the action; 4) judge is a material witness in the action; or 5) party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice, or interest of the judge, the party cannot obtain a fair and impartial trial. A party waives the right to a change of judge for cause when the party allows a contested proceeding to begin or continue before that judge without objection and after learning that grounds exist for a challenge for cause.
A party to a juvenile court proceeding may also make one request for a change of judge without cause by making the request on the record in open court or by filing a notice of change of judge that is signed by the party's attorney or the party, if self-represented, and that states the name of the judge to be changed. The notice of change of judge must be filed within five days after notice is provided to the requesting party of the assignment of the case to a judge. A party waives the right to a change of judge without cause when the party participates before that judge in any contested proceeding (A.R.S. § 8-865; Ariz. Juv. Ct. Rules of Proc., Rule 108).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an attorney who represents DCS in a dependency, adoption, termination of parental rights or guardianship case from appearing before a judge whom the attorney has already appeared before in any of DCS' previous five cases.
2. Contains a statement of legislative intent.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2026
ZD/KS/ci