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Last Post 22 Jan 2021 01:10 PM by  James_Smith
R-21-0006 Petition to Amend Various Rules of Procedure Related to the Peremptory Change of Judge
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Jennifer Greene
New Member
Posts:29 New Member

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07 Jan 2021 05:28 PM
    Filed on behalf of:
    Committee of Presiding Judges
    c/o Administrative Office of the Courts
    1501 W. Washington, Suite 411
    Phoenix, AZ 85007
    (602) 452-3301
    [email protected]

    Would abrogate the rules authorizing a change of judge as matter of right that are found in the criminal, civil, family law, eviction, and justice court procedural rules, and would amend or abrogate related provisions in those or other rules.

    Filed: January 7, 2021

    Comments must be submitted on or before Monday, May 3, 2021.

    Replies must be submitted on or before Tuesday, June 1, 2021.
    Attachments
    James_Smith
    New Member
    Posts:2 New Member

    --
    22 Jan 2021 01:10 PM
    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
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