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Rule 108. Change of Judge

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part I. General Provisions
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 108
Formerly cited as AZ ST JUV CT Rule 2
Rule 108. Change of Judge
Currentness
(a) Definitions. In this rule:
(1) The term “judge” includes a judge, a commissioner, and a judge pro tempore.
(2) The term “presiding judge” includes the presiding judge's designee.
(b) For Cause.
(1) Grounds. A party is entitled to a change of judge for cause on any of the grounds provided in A.R.S. § 12-409(B).
(2) Procedure.
(A) No later than 5 days after a party discovers grounds for a change of judge for cause, but before the start of a hearing, the party may file a motion supported by affidavit alleging specific grounds for the change. The party must provide the other parties and the presiding judge with copies of the motion.
(B) If the named judge is the presiding judge, the functions of the presiding judge must be performed by a judge designated by the presiding judge.
(C) No event occurring before the discovery of grounds constitutes a waiver of the right to a change of judge for cause. A party may preserve for appeal allegations of interest or prejudice that prevent a fair and impartial hearing.
(3) Hearing. Promptly after a party files a motion, the presiding judge may hold a hearing to determine the issues raised in the affidavit or may decide the issues based on the affidavits and memoranda filed by the parties. The presiding judge must decide the issues by a preponderance of the evidence.
(4) Assignment. Depending on the findings of the presiding judge, the presiding judge may assign the action to the original judge or to a new judge.
(5) Waiver. A party waives the right to a change of judge for cause when the party, after learning of grounds for a challenge for cause, allows a contested proceeding to begin or continue before that judge without objection.
(c) Without Cause.
(1) Grounds. Every party has a right to make one request for a change of judge.
(2) Procedure. A party may exercise the right to a change of judge by making a request on the record in open court, or by filing a “Notice of Change of Judge” signed by the party's attorney, or if self-represented, signed by the party, stating the name of the judge to be changed. A notice of change of judge must be filed no later than 5 days after notice to the requesting party of the assignment of the case to a judge.
(3) Waiver. A party waives the right to a change of judge upon request when the party participates before that judge in any contested proceeding. The waiver applies to all successive petitions or supplemental petitions that were filed regarding the same juvenile or, in the case of a dependency action, the same minor or any other minor known to have at least one parent in common with that minor, and to all proceedings after remand by an appellate court.
(4) Remand by Appellate Court.
(A) If the appellate court remands a case that remains assigned to the original judge, the parties do not have a renewed right to a change of judge.
(B) If upon remand the case is assigned a new judge, a party who has not waived a right under subpart (b)(3) or who has not previously filed a notice of change of judge of right may file a notice no later than 10 days after notice to the requesting party of the assignment of the case to a new judge.
(d) Duty of Judge. When a party timely files a motion or a notice for a change of judge, the judge named in the motion or notice must proceed no further in the action except to make such temporary orders as may be necessary to prevent harm to the child before the action can be reassigned to another judge.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 108, AZ ST JUV CT Rule 108
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document