HB 2295
Initials NM Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2295: juveniles; change of judge; impartiality
Sponsor: Representative Fink, LD 27
Committee on Judiciary
Overview
Establishes the right for parties in a juvenile court proceeding to a peremptory change of
judge or commissioner after an appeal of a final order to the superior court.
History
The Arizona Court's rules entitle each side a juvenile court the right to one change of judge
without cause by filing a Notice of Change of Judge or making the request on the record in
open court. The notice must be filed within 5 days of receiving notice of the judge's
assignment. A party waives this right if it participates in any contested proceedings before
the assigned judge or fails to file the notice within the required timeframe. The waiver also
applies to all related proceedings involving the same juvenile or minor, including successive
petitions or cases involving siblings. If a case is remanded by an appellate court, a party may
only request a change of judge if the case is assigned to a new judge and the party has not
previously waived its right (Juv. Ct. Rules of Proc., Rule 108).
Provisions
1. Entitles a party who appeals a final order of the juvenile court to the court of appeals to
a peremptory change of judge or commissioner in the matter on appeal as a matter of
right. (Sec. 1)
2. Stipulates that the change of judge does not require stating a cause and may be made
regardless of the disposition of the appeal. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note