ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session

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HB 2152: right to jury; domestic relations

Sponsor: Representative Keshel, LD 17

Committee on Government

Overview

Permits the demand of a jury trial in any dissolution of marriage, determination of legal decision-making or parental time proceeding.

History

The right to a jury trial is guaranteed by the Seventh Amendment to the United States Constitution.  This right is guaranteed for federal trials and has not been incorporated by the Supreme Court of the United States to apply to the states (U.S. Constitution – Seventh Amendment, Incorporation doctrine). 

Currently, in a legal decision-making or parental time hearing the court makes determinations on questions of law and fact.  In a dissolution of marriage case the superior court is vested with original jurisdiction to hear and decide all matters.  In certain circumstances the case can be referred to a conciliation court, which has the full power to make and enforce orders or temporary orders (A.R.S. §§ 25-311, 25-381.17, 25-407).

Provisions

1. Allows either party to demand a jury trial in any dissolution of marriage, determination of legal decision-making or parental time proceeding. (Sec. 1)

2. Allows the jury to decide issues of fact regarding:

a) the classification of property as either separate or communal;

b) the value of community property;

c) the best interest of the child;

d) the potential relocation of either party;

e) findings regarding spousal maintenance factors;

f) findings regarding allegations of domestic violence or child abuse, neglect or abandonment;

g) the determination of a contempt of court allegation; and

h) any other issue mandated by statute alleged in the petition. (Sec. 1)

3. Requires the court to make the following orders regarding matters that require the exercise of judicial discretion:

a) orders and conditions of parenting time schedules;

b) other orders that are in the best interest of the child;

c) orders of child support; and

d) orders of spousal maintenance, including the amount and duration. (Sec. 1)

4. Mandates that the jury's verdict is binding and that the court must incorporate the jury's findings in its final orders. (Sec. 1)

5. Permits the Supreme Court to adopt rules for the proceedings of a family court jury trial. (Sec. 1)

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9.                   HB 2152

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