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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
change of judge; impartiality; juveniles
Purpose
Grants each party to a permanency determination action the right to request a change of judge for cause and the right to make one request for change of judge without cause. Outlines procedures and filing requirements for requesting a change of judge for or without cause.
Background
The juvenile court has jurisdiction over proceedings in an action in which parental rights are terminated. A party to a juvenile court proceeding is entitled to change of judge for cause on the grounds that the: 1) judge has been engaged as counsel in the action prior to appointment or election as a judge; 2) judge is otherwise interested in the action; 3) judge is of kin or related to either party to the action; 4) judge is a material witness in the action; or 5) party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice, or interest of the judge, the party cannot obtain a fair and impartial trial. A party may file a motion with an affidavit alleging the specific grounds for the change of judge within five days after the party discovers that grounds exist for change of judge. The requesting party must provide copies of the motion to the other parties and the presiding judge. A party waives the right to a change of judge for cause when the party allows a contested proceeding to begin or continue before that judge without objection and after learning that grounds exist for a challenge for cause.
A party to a juvenile court proceeding may also make one request for a change of judge without cause by making the request on the record in open court or by filing a notice of change of judge that is signed by the party's attorney or the party, if self-represented, and that states the name of the judge to be changed. The notice of change of judge must be filed within five days after notice is provided to the requesting party of the assignment of the case to a judge. A party waives the right to a change of judge without cause when the party participates before that judge in any contested proceeding. The waiver applies to all successive petitions or supplemental petitions that are 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. If the appellate court remands a case that remains assigned to the original judge, the parties do not have a renewed right to change of judge. However, if the remanded case is assigned to a new judge, a party who has not waived the right to change of judge or who has not previously filed a notice of change of judge may file a notice within 10 days after receiving notice of the assignment of the case to a new judge (A.R.S. ยง 8-202; Ariz. Juv. Ct. Rules of Proc., Rule 108).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Grants a party to a permanency determination action a change of judge for cause if certain grounds apply, including:
a) the judge has been engaged as counsel in the matter before appointment or election as a judge;
b) the judge has an interest in the matter;
c) the judge is related to either party in the matter; or
d) a party has cause to believe that due to the bias, prejudice or interest of the judge, the judge cannot be fair and impartial.
2. Specifies that a party may file a motion to request a change of judge for cause at least five days after discovering grounds exist for the change of judge and before the permanency determination hearing is held.
3. Requires the motion for a change of judge for cause to be supported by an affidavit containing the specific grounds for the change of judge for cause.
4. Requires the party who requests a change of judge for cause to provide a copy of the motion and the affidavit to all parties to the matter and the presiding judge.
5. Stipulates that, if the presiding judge is the judge named in the affidavit and motion for change of judge for cause, the role of the presiding judge must be performed by the presiding judge's designee.
6. Specifies that a party waives the right to a change of judge for cause if, without objection and after learning that grounds exist for the change of judge for cause, the party allows a contested permanency determination proceeding to begin or continue before that judge.
7. Specifies that any event occurring before the discovery of grounds for change of judge for cause does not constitute a waiver of a party's right to change of judge for cause.
8. Allows a party to preserve allegations that the party believes may prevent a fair and impartial hearing for appeal.
9. Grants each party to a permanency determination action the right to make one request for a change of judge without cause.
10. Allows a party to make a request for change of judge without cause by:
a) making a request on the record in open court; or
b) filing a notice of change of judge signed by the party's attorney or, if self-represented, signed by the party and stating the name of the judge to be changed without cause.
11. Requires a notice of change of judge without cause to be filed at least five days after notice has been provided to the requesting party that the matter has been assigned to a judge.
12. Specifies that a party waives the right to a change of judge without cause when the party participates in any contested proceeding before that judge.
13. Applies a waiver of the right to a change of judge without cause to all successive petitions or supplemental petitions that are filed regarding the same matter, minor or any other minor who has at least one parent in common with that minor, and to all proceedings after remand by an appellate court.
14. Stipulates that, if the appellate court remands a case that remains assigned to the original judge, the parties have a renewed right to request a change of judge without cause.
15. Allows a party to a case that is remanded and assigned to a new judge to file a notice of change of judge without cause within 10 days after receiving notice that a new judge has been assigned, if the party has not previously waived the party's right to or filed a notice of change of judge without cause.
16. Prohibits a judge named in a motion or notice for change of judge, for or without cause, from taking any further action in the matter before the matter is reassigned, except to make temporary orders that are necessary to prevent harm to the child who is the subject of the matter.
17. Specifies that judge includes a:
a) judge;
b) commissioner; and
c) judge pro tempore.
18. Specifies that presiding judge includes the presiding judge's designee.
19. Becomes effective on the general effective date.
House Action
JUD 2/19/25 DPA/SE 9-0-0-0
3rd Read 3/3/25 58-0-2
Prepared by Senate Research
March 17, 2025
ZD/KS/ci