In Arizona family courts, every party gets one “free” change of judge and one “free” change of commissioner as matter of right. This means that you can change your judge (or commissioner) once and not have to give a reason. An experienced family law attorney may be able to tell whether you should strike a particular judge or commissioner.
The time limit to change the judge varies, depending on circumstances, but parties must in general file their notice of change of judge within 90 days of joining the suit, 10 days after assignment of a new judge, and more than three business before a hearing. The rules of procedure contain several exceptions.
Also, a party wishing to change a judge must do so before the judge rules on any contested issue, and before a conference, hearing, or trial begins. A party may not strike a judge if that party has previously agreed to that judge’s assignment.
If a party cannot change the judge as a matter of right, the party can only remove the judge for cause. The only grounds to remove a judge for cause are if the judge was an attorney in the case prior to becoming a judge; the judge is otherwise interested in the action; the judge is kin or otherwise related to a party; the judge is a material witness; or on account of the judge’s bias, interest, or prejudice the party cannot get a fair and impartial trial. These grounds are very rare and courts very seldom remove a judge from a case for cause.
If you need advice regarding removing a judge from your case, contact my office to set up a consultation.
