HB 2595
Initials LC/JH Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
HB 2595: change of judge; grounds; decision.
Sponsor: Representative Parker, LD 16
Committee on Judiciary
Overview
Requires a court to approve a change of judge when presented a signed affidavit alleging bias
and prejudice.
History
Statute allows either party to a civil action in superior court to file an affidavit alleging grounds that
may justify a change of judge. The grounds for a change of judge include:
1) The judge was previously engaged as counsel in the action;
2) The judge has an interest in the action;
3) The judge is related to either party to the action;
4) The judge is a material witness in the action; or
5) The person has reason to believe they will not receive a fair and impartial trial due to the
bias, prejudice or interest of the judge (A.R.S. § 12-409).
The law places specified limitations on a change of judge. A change of judge can only occur once
per proceeding. If the parties agree on a particular judge or county, that judge or county must be
selected (A.R.S. § 12-411).
Provisions
1. Mandates the court grant a change of judge when presented a signed affidavit alleging bias
or prejudice. (sec. 1)
2. States a party that signs and files a document entitled Notice of Change of Judge complies
with the affidavit requirements. (Sec. 1)
3. Contains a legislative intent statement. (Sec. 2)
4. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note