Arizona

Criminal Procedure

Criminal Procedure

Rule 10.1 – Change of Judge for Cause

(a)Grounds. A party is entitled to a change of judge if the party shows that the assigned judge’s interest or prejudice would prevent a fair and impartial hearing or trial.
(b)Procedure.

(1)Motion, Timing, and Form. A party seeking a change of judge for cause must file a motion no later than 10 days after discovering that grounds exist, but may not file a motion after a hearing or trial begins. The motion must state specific grounds for the change of judge and be supported by an affidavit. Allegations of interest or prejudice that prevent a fair and impartial hearing or trial that arise after commencement of the hearing or trial may be preserved for appeal by making an appropriate motion.
(2)Further Action by Judge. If a party files a timely motion for change of judge, the judge should not proceed, except to enter necessary temporary orders before the action can be transferred to the presiding judge or the presiding judge’s designee. If the named judge is the presiding judge, that judge must assign the motion to another judge.
(c)Hearing, Disposition, and Effect on Other Defendants.

(1)Hearing and Ruling. Promptly after a party files a timely motion under this rule, the presiding judge must provide for a hearing on the motion before a judge other than the challenged judge. After holding the hearing, the hearing judge must decide the issues by a preponderance of the evidence and enter an order stating findings and ruling on the motion. The hearing judge will then return the matter to the presiding judge.
(2)Assignment or Reassignment. The presiding judge will promptly assign the action back to the original judge if the motion is denied, or will make a new assignment if the motion is granted.
(3)Effect on Other Defendants. If there are multiple defendants, the grant of a motion for change of judge filed by one or more defendants does not require a change of judge as to the other defendants, even though the change of judge may result in severance for trial purposes.

Ariz. R. Crim. P. 10.1

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 10.1, relating to change of judge for cause, was abrogated effective January 1, 2018.