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Last Post 18 Jun 2014 06:59 PM by  AZStateBar
R-13-0047 Petition to Amend Rule 9.1, Rules of Procedure for Eviction Actions
 6 Replies
Topic is locked
Author Messages

25 Oct 2013 02:27 PM

    Petition to Adopt Rule 9.1, Rules of Procedure for Eviction Actions

    Would add a change of judge provision

    John A. Furlong, Bar No. 018356
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016-6266
    [email protected]

    Filed October 25, 2013

    Comments due May 20, 2014.

    DENIED August 26, 2014.

    19 May 2014 01:40 PM
    Jeffrey Kastner
    7656 E Torrey Pt Cir
    Mesa, AZ 85207
    State bar # 021159, retired
    [email protected]

    As an member of the state bar committee which drafted the proposed Rules Procedure for Eviction Actions, I support this amendment. The proposed rules submitted to the Supreme Court in 2008 by the state bar contained a change of judge provision following Rule 42(f), but was one of the few provisions not adopted by this court from the proposal submitted from the state bar.

    I was the managing attorney of the housing unit of Community Legal Services from 2001 to 2011. I regularly appeared in justice court on eviction actions. Prior to the adoption of the Rules of Procedure for Eviction Actions, both landlord and tenant counsel and litigants sparingly filed change of judge petitions. This practice had existed when I arrived and apparently was always an accepted practice.

    The change of judge rule is simply to allow litigants the right to change judge when they feel they will not be afforded a fair and impartial hearing for whatever reason, except for delay or interference with the court process. There are numerous reasons a person may feel they will not get a fair and impartial trial that do not rise to filing for cause, and in those situations the integrity and impartiality of the judiciary is advanced by allowing a litigant to file for a change of judge.

    Pro tem judges are often appointed to sit for a justice of the peace. Such pro tem judges are not required to attorneys or even law trained, and given the highly technical requirements of the eviction process, may not be qualified in certain cases to hear such cases. In the case of pro tem judges, these judges are not answerable to the electorate, as are the justice of the peace.

    Jeffrey Kastner

    19 May 2014 01:54 PM
    Hon. C. Steven McMurry, on behalf of the
    Committee on Limited Jurisdiction Courts
    1501 W. Washington St., Ste. 410
    Phoenix, AZ 85007
    [email protected]

    The Committee on Limited Jurisdiction Courts submits the attached comment in opposition to this rule petition.
    Michael A. Parham

    20 May 2014 02:29 PM
    Michael A. Parham
    Williams, Zinman & Parham P.C.
    Arizona Bar No. 4853
    7701 E. Indian School Rd., Suite J
    Scottsdale, AZ 85251

    Phone: (480) 994-4732
    Fax: (480) 946-1211
    E-mail: [email protected]

    My comments and those of Manufactured Housing Communities of Arizona, Inc., the statewide association representing the interests of Arizona manufactured housing community operators, are attached.

    Michael A. Parham

    20 May 2014 07:11 PM
    Scott M. Clark, Esq.
    Arizona Bar No. 6759
    Law Offices of Scott M. Clark, P.C.
    3008 N. 44th Street
    Phoenix, Arizona 85018
    (602) 957-7877
    (602) 957-7876 (fax)
    email: [email protected]

    Attached are my comments and those of the Arizona Multihousing Association, the statewide association representing the owners and property managers of residential rental property.

    20 May 2014 09:07 PM
    Ellen Sue Katz
    William E. Morris Institute for Justice
    202 East McDowell Road, Suite 257
    Phoenix, Arizona 85004-4536
    Phone: (602) 252-3432
    Fax: (602) 257-8138
    [email protected]
    Bar Number: 012214

    18 Jun 2014 06:59 PM
    John A. Furlong, Bar No. 018356
    General Counsel, State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    Telephone: (602-340-7236
    Fax: (602) 271-4930
    [email protected]
    Topic is locked