Arizona

Criminal Procedure

Criminal Procedure

Rule 35.4 – Jury Trial; Disqualification of the Citing Judge

(a) Jury Trial. The court may not punish a person under this rule by imprisonment for longer than 6 months, or by a fine greater than $300, or both, unless the person either has been found guilty of contempt by a jury or has waived the right to a jury trial.
(b) Disqualification of Judge. Unless prompt punishment is imperative, the citation must be transferred to another judge if the unreasonable conduct involves gross disrespect or a personal attack on the citing judge’s character, or if the citing judge’s conduct is so integrated with the contempt that the citing judge contributed to or was otherwise involved in it. Should the matter be transferred, any prior adjudication of guilt is void and the judge to whom the citation is transferred must hold a hearing to determine the person’s guilt and punishment.

Ariz. R. Crim. P. 35.4

Added by August 31, 2017, effective January 1, 2018; amended August 29, 2019, effective January 1, 2020.

COMMENT

The self-disqualification of the judge required by this rule does not give the contemnor a pre-sentence challenge of the judge under Rule 10.2.

HISTORICAL AND STATUTORY NOTES

Former Rule 33.4, relating to jury trial and disqualification of a judge, was abrogated effective January 1, 2018.