I endorse the petition. As it noted, peremptory changes of judge don't exist in most states or federal court. Nonetheless, those courts function and provide impartial jurists. Likewise, our appellate courts don't offer litigants the opportunity to strike an appellate judge or justice; the ARCAP implicitly recognize the impartiality of all appellate jurists unless a party shows cause.

What's more, litigants can abuse the right to such challenges. In civil cases, a party opposing a time-sensitive provisional remedy may file a notice on the eve of a hearing. The problem may be more pronounced in election cases, which often have tight deadlines. An election litigant may file his/her notice of change of judge the morning of the return hearing, which leads to a new assignment and later hearing date. The parties and the court lose valuable time while the case is reassigned and a new hearing scheduled.

Arizona should join the majority of states and the federal system by eliminating peremptory changes of judge.

James D. Smith
No. 016760
101 W. Jefferson St.
No. 814
Phoenix AZ 85003
(602) 372-5945