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Last Post 27 May 2021 06:42 PM by  J. Greene
R-21-0006 Petition to Amend Various Rules of Procedure Related to the Peremptory Change of Judge
 55 Replies
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Author Messages
WBishop
New Member
Posts:1 New Member

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27 Apr 2021 02:38 PM
William D. Bishop
7210 N. 16th St.
Phoenix, AZ 85020
(602) 749-8500

I oppose this rule change. I support the opposition submitted by the Arizona Chapter of the American Academy of Matrimonial Lawyers. William D. Bishop.
LAURA C. BELLEAU
New Member
Posts:1 New Member

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27 Apr 2021 07:53 PM
I strongly oppose this change. I support and endorse the Comment filed by the Arizona Chapter of the American Academy of Matrimonial Lawyers (AAML), as well as the Comment filed by Judge Sakall in opposition to this Rule change.

Laura C. Belleau, #014334
Karp & Weiss, PC
3060 N. Swan
Tucson, Arizona. 85712
[email protected]
Len Karp
New Member
Posts:1 New Member

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28 Apr 2021 06:22 PM
Len Karp
3060 N Swan Rd
Tucson, AZ 85712
(520) 325-4200

I oppose this Rules Petition and the peremptory right to change of judge should be preserved in family court cases. I support and endorse the Comment in opposition filed by the Arizona chapter of AAML and that filed by Pima County Judges Sakall, Jacobs, Lee and Gordon. I have been practicing law in the State of Arizona for 56 years and have tried civil, criminal and family law cases before judges and juries. It is especially important in family law cases to preserve the right to the peremptory change of judge because the assigned judge is both the trier of fact and law as opposed to most civil or criminal cases.
Kathleen Stillman
New Member
Posts:1 New Member

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29 Apr 2021 10:11 AM
Kathleen Stillman
2201 E Camelback Rd Ste 650
Phoenix, AZ 85016
(602) 955-1515
I oppose this Rules Petition and the peremptory right to change of judge should be preserved in family court cases. I support and endorse the Comment in opposition filed by the Arizona chapter of AAML.
Aaron T. Blase
New Member
Posts:1 New Member

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29 Apr 2021 12:35 PM
I oppose this Rules Petition and believe that a parties’ peremptory right to a change of judge should be preserved in Family Law matters.

I support and endorse other comments that have been filed in opposition to this Rule change, including the detailed comments by the Pima County Bar Association, by Judge Sakall, and by the Arizona Chapter of AAML.

Aaron T. Blase (#025906)
Davis, Blase, Stone, and Holder
11111 N. Scottsdale Rd., Ste. 225
Scottsdale, Arizona 85254
[email protected]
Marie Zawtocki
New Member
Posts:1 New Member

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29 Apr 2021 01:02 PM
I also object to these proposed rule changes especially as they apply to Family Court and Civil Court.
I am in agreement with the many and varied reasons provided by the other persons commenting in favor of maintaining the rules as they currently are. The comments that are publicly available include judges, attorneys, pro tems, and mediators from a number of counties across Arizona.
While I have not had to use the existing rule often, when exercised it has allowed my client a fair and equitable result in their case and given them confidence in the judicial system. When an opposing attorney is exercising this, we often discuss the reasons why. I have never had reason to question that they are likewise exercising this in good faith. As at least one person commented, if an attorney was abusing this rule, there are other avenues to address that.
That other states or court systems do not have this rule, is not a reason to do away with it. It serves a valid purpose. Perhaps those states and court systems should consider implementing this rule themselves.

Marie Splees Zawtocki
Attorney -- Family and Civil Law
2345 S Alma School Road, Suite 200
Mesa, Arizona 85210
480-655-0733
Carol Soderquist
New Member
Posts:1 New Member

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29 Apr 2021 01:20 PM
I oppose the proposed change to the peremptory right to change of judge. This right is essential in the subjective arena of family court, which often encompass issues of domestic violence.

I support and endorse the comments filed on April 20, 2021, by Hon. Greg Sakall, Andrew Jacobs, Esq., the Hon. Kenneth Lee, and the Hon. Richard Gordon.

Carol A. Soderquist, Esq.
SODERQUIST LAW PLLC
17470 N Pacesetter Way
Scottsdale, AZ, 85255
Office (480) 256-8355
Michael Shew
New Member
Posts:1 New Member

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29 Apr 2021 01:48 PM
I oppose this Rules Petition and the peremptory right to change of judge should be preserved in family court cases for the various reasons explained in the brief in opposition submitted by the Hon. Greg Sakall, along with Andrew Jacobs, the Hon. Kenneth Lee, and the Hon. Richard Gordon, and the brief in opposition submitted by the Arizona Chapter of the American Academy of Matrimonial Lawyers.

Michael J. Shew
Certified Family Law Specialist
State Bar of Arizona, Board of Legal Specialization

Michael J. Shew, Ltd.
15835 South 46th Street, Suite 136
Phoenix, Arizona 85048-0446
Ph: (480) 940-3636
Fax: (480) 940-3646
www.michaelshew.com
[email protected]



JEAAssistant
New Member
Posts:1 New Member

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29 Apr 2021 02:02 PM
Please see comments in attached letter to the Arizona Supreme Court by John Eli Aboud, Esq.

John Eli Aboud, Attorney
1661 N. Swan Rd., Ste. 234
Tucson, AZ 85712
[email protected]
Attachments
Annalisa Masunas
New Member
Posts:1 New Member

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29 Apr 2021 02:12 PM
I too strongly oppose this change. I support and endorse the Comment filed by the Arizona Chapter of the American Academy of Matrimonial Lawyers (AAML), as well as the Comment filed by Judge Sakall, in opposition to this proposed Rule change.

Annalisa Moore Masunas
Attorney at Law
Moore, Masunas & Moore, P.L.L.C.
(520) 318-0001
135 S. Stratford Drive
Tucson, Arizona 85716
[email protected]
John Herrick
New Member
Posts:1 New Member

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29 Apr 2021 02:14 PM
John Herrick
16165 N 83rd Ave Ste 200
Peoria, AZ 85382
(602) 264-1001
I oppose the elimination of the peremptory change of judge as it relates to family law. I agree with the comments of Judge Sakall and of the American Academy of Matrimonial Lawyers. This change is not good for our clients.
Jennifer G. Gadow
New Member
Posts:1 New Member

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29 Apr 2021 02:25 PM
Jennifer G. Gadow
2201 E. Camelback, Suite 650
Phoenix, AZ 85016
602-955-1515
[email protected]
016186

I oppose this change and the peremptory right to one change of judge should be preserved in family court cases. In an effort to ensure access to justice for litigants, they should have the opportunity to strike an assigned judge on one occasion.

I support and endorse the Comments filed by Judge Sakall in opposition to this Rule change. They are well reasoned and consistent with ensuring all parties have a fair trial. I also support and endorse the Comment in opposition to be filed by the Arizona chapter of the American Academy of Matrimonial Lawyers (AAML).
Brian S. Kelley
New Member
Posts:1 New Member

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29 Apr 2021 02:33 PM
Brian S. Kelley
AZ Bar #033960
Ryan Rapp Underwood & Pacheco, PLC
3200 N. Central Ave., Ste. 2250
Phoenix, Arizona 85012
[email protected]

I strongly oppose this proposed change to the Arizona Rules of Family Law Procedure, and I support the comment submitted by the Arizona Chapter of the AAML.
Lisa McNorton
New Member
Posts:1 New Member

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29 Apr 2021 02:42 PM
I oppose this change and the peremptory right to one change of judge should be preserved in family court cases.

I support and endorse the Comments filed by Judge Sakall in opposition to this Rule change, and I support and endorse the Comment in opposition filed by the Arizona chapter of the American Academy of Matrimonial Lawyers (AAML) and the Pima County Bar Association.

Lisa C. McNorton
SBN 019900
McNORTON FOX, PLLC
4400 E. Broadway #602
Tucson AZ 85701
(520) 327 - 3122
Jen Mihalovich
New Member
Posts:1 New Member

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29 Apr 2021 06:04 PM
I strongly oppose this change. I support and endorse the Comment filed by the Arizona Chapter of the American Academy of Matrimonial Lawyers (AAML), as well as the Comment filed by Judge Sakall in opposition to this Rule change.

Jennifer Mihalovich
AZ Bar No. 020243
Stewart Law Group
3115 S. Price Road, Suite 111
Chandler, AZ 85248
480-498-5463
[email protected]
Daniel Stratman
New Member
Posts:1 New Member

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30 Apr 2021 01:10 PM
I oppose the rule change . i think this comment sums it up best for me. "I oppose this amendment as it would apply to family law cases. Family law matters, especially concerning child custody (now known as legal decision-making and parenting time) are highly discretionary. Even if they heard the same evidence and made identical findings of fact, different judges might enter very different orders. Given the greatly deferential appellate review, parties have no effective recourse. Because of the degree of discretion involved in custody matters, judges' personal life experiences, philosophies regarding parental autonomy vs. child protection, inherent biases, etc. particularly affect how particular judges might rule in custody cases. I have practiced family and child welfare law for 44 years and rarely exercise a peremptory notice of change of judge (and see them only rarely from other Pima County attorneys). But it remains an important tool and enhances public confidence in the judicial system. It has been many years since I practiced criminal and general civil law, but I would urge you to leave the peremptory challenge in place for family law cases."

I oppose this rules petition. The premptory right to change judges should be preserved. I support and endorse the other comments filed in opposition aswell.

Daniel Stratman
[email protected]
16421 N. Tatum Boulevard, Suite 127
Phoenix, Arizona 85032
Dorian L Eden
New Member
Posts:1 New Member

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30 Apr 2021 01:32 PM
Doren L. Eden
10201 S 51st St Ste 270
Phoenix, AZ 85044
(480) 637-0668


I oppose this Rules Petition and the peremptory right to change of judge should be preserved in family court cases. Family law grants significant discretionary choices to a judge. As lawyers, we learn a judge's bias and opinions about these discretionary choices. In order to protect future clients, we need to maintain the right to preemptively challenge for change of judge. I support and endorse the Comment in opposition filed by the Arizona chapter of AAML, as it very well details the very negative impact on family law cases and litigants.
Olabisi “Bisi” Onisile Whitney
New Member
Posts:1 New Member

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30 Apr 2021 01:43 PM
I strongly oppose this change. The peremptory right to change of judge should be preserved in family court cases. I support and endorse other comments filed in opposition to this Rule change.

Olabisi Whitney
Attorney & Counselor at Law
16421 North Tatum Boulevard, Suite 127
Phoenix, Arizona 85032
Phone: (602)687-6248
[email protected]
Aris Gallios
New Member
Posts:1 New Member

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30 Apr 2021 04:33 PM
I oppose this Rules Petition because the peremptory right to change of judge should be preserved in family court cases. I support and endorse the Comment in opposition filed by the Arizona chapter of AAML.

Aris J. Gallios
State Bar No. 010619
3131 E. Camelback Road, Suite 230
Phoenix, Arizona 85016
Telephone (602) 852-5565

Gloria L. Cales
New Member
Posts:1 New Member

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30 Apr 2021 06:36 PM
I vehemently oppose this Rules Petition and the peremptory right to change of judge should absolutely be preserved in family court cases. I support and endorse the comment in opposition filed by the Arizona chapter of AAML.


Gloria L. Cales, SBN 10802
16515 South 40th Street, Suite 141
Phoenix, Arizona 85048
480-889-3600
[email protected]
Topic is locked
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