Home Table of Contents

Rule 35.4. Jury Trial; Disqualification of the Citing Judge

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IX. Miscellaneous
Rule 35. Criminal Contempt (Refs & Annos)
Effective: January 1, 2020
16A A.R.S. Rules Crim.Proc., Rule 35.4
Rule 35.4. Jury Trial; Disqualification of the Citing Judge
(a) Jury Trial. The court may not punish a person under this rule by imprisonment for longer than 6 months, or by a fine greater than $300, or both, unless the person either has been found guilty of contempt by a jury or has waived the right to a jury trial.
(b) Disqualification of Judge. Unless prompt punishment is imperative, the citation must be transferred to another judge if the unreasonable conduct involves gross disrespect or a personal attack on the citing judge's character, or if the citing judge's conduct is so integrated with the contempt that the citing judge contributed to or was otherwise involved in it. Should the matter be transferred, any prior adjudication of guilt is void and the judge to whom the citation is transferred must hold a hearing to determine the person's guilt and punishment.

Credits

Formerly Rule 33.4, added Aug. 31, 2017, effective Jan. 1, 2018. Renumbered Rule 35.4 Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 35.4, AZ ST RCRP Rule 35.4
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
End of Document