HB 2295
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: JUD DPA/SE 9-0-0-0
HB 2295: juveniles; change of judge; impartiality
S/E: change of judge; impartiality; juveniles
Sponsor: Representative Fink, LD 27
Caucus & COW
Summary of the Strike-Everything Amendment to HB 2295
Overview
Grants the right to request a change of judge in juvenile permanency determination
proceedings under specified circumstances.
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. Permits a party in a contested permanency determination proceeding to request a change
of judge for cause based on any of the following grounds:
a) the judge previously acted as counsel in the matter before his appointment or election
as a judge;
b) the judge has a personal interest in the matter;
c) the judge is related to either party in the matter;
d) the judge is a material witness in the matter; and
e) the party has cause to believe that the judge cannot be fair and impartial. (Sec. 1)
2. Outlines the court procedure to request a change of judge. (Sec. 1)
3. Asserts that a party waives the right to request a change of judge for cause if it allows
the contested proceeding to proceed before the judge without objecting, despite knowing
that valid grounds for removal exist. (Sec. 1)
4. Grants each party in a permanency determination action the right to make one request
for change of judge without cause. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2295
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5. Asserts that a party waives its right to a change of judge without cause if it participates
in any contested proceeding before the judge, and this waiver applies to all future
petitions or supplemental petitions related to the same case. (Sec. 1)
6. Grants that if the appellate court remands a case to the same judge each party has a
renewed right to request a change of judge without cause. (Sec. 1)
7. Permits, if the appellate court remands a case to a new judge, a party to file a notice for
a change of judge if it has not previously waived this right or used its one without-cause
request. (Sec. 1)
8. Asserts that if a party properly files for a change of judge, the named judge cannot take
further action in the case except to make temporary orders to prevent harm to the child
involved in the case. (Sec. 1)
9. Defines pertinent terms. (Sec. 1)