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AZ HB2595

Bill

Status

Engrossed

2/18/2022

Primary Sponsor

Jacqueline Parker

Click for details

Origin

House of Representatives

Fifty-fifth Legislature - Second Regular Session (2022)

AI Summary

  • Repeals section 12-409 and establishes new procedures for changes of judge in criminal proceedings, allowing each side one change of judge as a matter of right with specific grounds and timelines.

  • Creates new section 12-412 authorizing change of judge for cause in criminal cases when a judge's interest or prejudice would prevent fair and impartial hearing, requiring motion within ten days of discovering grounds with supporting affidavit.

  • Establishes new section 12-413 providing each side in applicable civil actions one change of judge as a matter of right, with notice requirements, waiver provisions, and a ninety-day filing deadline after first appearance.

  • Creates new section 12-414 allowing change of judge for cause in civil proceedings based on five enumerated grounds including judge's prior counsel involvement, interest, kinship, material witness status, or bias/prejudice preventing fair trial.

  • Amends section 12-410 to prohibit judges from punishing contempt against anyone filing documents for change of judge under the new procedures in sections 12-409 and 12-414.

Legislative Description

Grounds; decision; change of judge

Legislative Intent

Last Action

Senate motion to reconsider third reading

4/18/2022

Committee Referrals

Rules2/21/2022
Judiciary2/18/2022
Rules1/24/2022
Judiciary1/24/2022

Full Bill Text

No bill text available