How Frequently Do Judges In The Arizona Family Court Rotate?

In Maricopa County, judges rotate every 2-3 years between Family Law, Juvenile Law, Civil, and Criminal departments to keep them fresh and expose them to different areas of law. Judges can be assigned to family, juvenile, civil, criminal, or probate court, and those serving for 15 years or more will typically spend time in each type of court. Arizona’s Rules of Family Law Procedure, Rule 6, sets forth the procedures for change of judge as a matter of right. Either party can request a change of judge, without cause, once, but there are strict time limits on when a party can file for a change of judge.

The response time varies depending on the type of case, such as divorce cases having 20 days to respond, while child custody cases have a longer response time of 20 days. The presiding judge rotates judges and commissioners between the Criminal, Civil, Probate, Juvenile, and Family Departments to keep them fresh and expose them to different areas of law. This gives the Court a versatile bench that can adjust to fluctuating case filings across departments when needed.

In Maricopa County, judges are assigned to a particular division of the court for generally three-year periods, though this can vary. Judges in Maricopa County generally rotate every 2-3 years between Family Law, Juvenile Law, Civil, and Criminal departments to keep them fresh and expose them to different areas of law.

There are two appellate court divisions and two judges up for retention in each this year. Division 1 serves Apache, Coconino, La Paz, Navajo, Maricopa, Mohave, Yavapai, and Yuma counties. Arizona’s Rules of Family Law Procedure, Rule 6, set forth the procedures for change of judge as a matter of right. A party can waive the right to change a judge assigned to preside over any proceeding in the action if: the party agrees to the assignment; the judge rules on any.

A proposal for Arizona to adopt an informal family law trial (IFLT) program would allow parties to opt into a more efficient and effective trial process. Judges often rule from the bench at the close of the trial so that the parties know the decision immediately.

At What Age Can A Child Refuse Visitation In Arizona?

In Arizona, a child can refuse court-ordered visitation or custody with a parent only upon turning 18. Before this age, while a child's preferences may be considered, the court is not obligated to honor them. Unless specified in a custody agreement, refusal to visit is not permissible. Furthermore, visitation rights cease automatically when a child turns 18, unless extended rights are documented. While courts can interview children about their preferences, the decision typically depends on the child’s age and maturity.

Documenting instances where a child declines visits is advisable, as it can be beneficial in court if the other parent alleges noncompliance. A child's refusal to visit cannot be based on superficial reasons, such as living conditions or rules at the other parent's home. Although children under 18 cannot refuse visits, they may express their wishes, particularly around the age of 16, where input from minors is often taken more seriously.

Parents may modify custody arrangements if visitation is consistently denied, and legal counsel can help navigate such disputes effectively. Although state laws vary, children cannot unilaterally deny visitation rights until they reach adulthood.

Why Would A Judge Change Custody In Arizona?

Modification of child custody arrangements may be prompted by various factors, such as child abuse, neglect, abandonment, relocation, or the death of a parent. A parent’s failure to comply with the existing custody order can also lead to a request for modification. In Arizona, if parents agree, they can create their own parenting plan, but they must show a significant change in circumstances for the court to alter existing orders. Reasons justifying a custody change may include changes in a parent’s living situation, the child's school performance, and overall well-being, or evidence of abuse.

A judge will weigh whether modifications would serve the child's best interests, with particular attention to the child's safety and mental health. Arizona law categorizes custody into legal decision-making and parenting time, both of which can be modified by filing a Petition to Modify. However, a significant change must be demonstrated within a year of the existing order. Judges are compassionate but firm in allowing changes only under compelling circumstances that directly affect the child's welfare. Ultimately, modifications can lead to supervised visitation or other adjustments if abuse is evident or if a parent no longer provides a suitable living environment for the child.

How Often Can You Change A Judge In Arizona?

Arizona's Rules of Family Law Procedure, Rule 6 outlines procedures for a change of judge as a matter of right, allowing either party to request one such change without cause. However, time limits are stringent for filing such requests: generally, a notice of change of judge must be submitted within 10 days following specific events, such as arraignment. In cases remanded from appellate courts requiring a new trial, the opportunity for a change of judge is renewed irrespective of prior trial events.

A waiver of this right occurs if a party agrees to the assignment or if a judge makes any ruling. Additionally, one "free" change of judge and one "free" change of commissioner is provided to each party in Arizona family courts, while criminal cases allow each side one change of judge as a right. Should a party seek a change for cause, they must file an affidavit within 20 days of discovering valid grounds. Notably, if notified of a judge assignment with less than five days' notice, a change request can be made any time before the proceeding begins, although requests made within three days of a scheduled proceeding may be ineffective unless notice requirements are met.

Special procedural rules also apply when a judge resigns, dies, or retires during a case. In counties with fewer than three Superior Court judges, requests for a change of judge are limited. Ultimately, Rule 6 provides a structured framework to ensure fairness in the judicial process.

How Do I Change The Judge In Arizona Family Court?

A party seeking a change of judge for cause in Arizona must file an affidavit within 20 days of discovering valid grounds for such a change. Past events or actions do not forfeit this right. According to Rule 6 of Arizona's Rules of Family Law Procedure, either party may request one change of judge without cause, but specific timelines govern this request. To initiate a change, the party can either submit a written notice or make an oral request in court.

If no contested issue has been ruled upon, and the request adheres to the stipulated timing, the change is typically granted. The Family Court addresses various cases, including divorce, paternity, legal decision-making, and child support. Additionally, if necessary, a change of venue can be requested for a more convenient courthouse. Filers should be prepared to provide information relating to custody and parenting, and consulting an attorney may streamline the process and save time.

Also, changes to Rules 78 and 91 aim to clarify definitions and appeal processes related to judgments. The Arizona Court of Appeals has emphasized that a change of judge is permissible following an appeal necessitating a new trial. Always ensure requests comply with established procedures to maintain the right to a change of judge or commissioner in family law cases.

What Is AZ Family Court Rule 69?

Rule 69, part of the Arizona Rules of Family Law Procedure, provides divorcing spouses the opportunity to privately resolve some or all of their disputes. This autonomy allows couples to reach binding agreements on issues such as child support and visitation, which the family court will ultimately enforce if agreed upon. For an agreement to be valid, it must be documented in writing and signed either personally by both parties or through their legal representatives. Additionally, the terms must be articulated on record before a judge or commissioner.

By utilizing a Rule 69 Agreement, parties can streamline the divorce process and avoid lengthy court battles over various matters. The rule is designed to facilitate settlements in family law disputes, reducing emotional stress and financial burdens associated with legal proceedings.

In cases where parties cannot reach a complete resolution, the court will still intervene to address any unresolved matters. Significantly, the effectiveness of Rule 69 lies in its ability to create enforceable contracts, thus providing legal backing to the agreements made. This structured approach emphasizes cooperation and mutual agreement, offering a more amicable solution to family law matters. Overall, Rule 69 benefits divorcing couples by allowing them to take control of their arrangements, fostering a collaborative environment for dispute resolution.

How Do I Change A Family Law Judge In Arizona?

To request a change of a family law judge in Arizona, contact the experienced family attorney at My AZ Lawyers. Arizona's Rules of Family Law Procedure, specifically Rule 6, outline the process for a change of judge as a matter of right—each party is entitled to one change without cause. To initiate a change, you can do so either for cause or as a matter of right. Requesting a change for cause requires filing an affidavit within 20 days upon discovering valid grounds.

Conversely, to change a judge as a matter of right, a party must file a written notice or make an oral request on the record. It is essential to adhere to strict timelines outlined in Rule 6. Additionally, Arizona family courts allow each party one "free" change of judge and one "free" change of commissioner. If you identify valid grounds, you can file a Motion for Change of Judge requesting the current judge to voluntarily recuse themselves. It is also possible to request a change of venue to a more convenient courthouse. For personalized consultation, call My AZ Lawyers today at (480) 305-8300 or use the appointment scheduling form.

What Is The Rule 51 In Arizona Family Law?

Rule 51 of the Arizona Rules of Family Law Procedure outlines the general provisions governing discovery, detailing the methods by which parties can obtain information, documents, and evidence from each other and other sources. This rule is part of a broader set of rules (51-65) that expand on requests for discovery beyond Rule 49. The methods for obtaining discovery include depositions as per Rule 57, written interrogatories under Rule 60, and requests for production of documents or entry onto land for inspection. Amendments to family law rules, such as Rule 43. 1, may include changes regarding effective dates and courts.

Additional rules cover protective orders regarding discovery requests (Rule 53), discovery before an action is filed or pending appeal (Rule 54), and specifications about those before whom depositions may be taken (Rule 55). Notably, in cases involving legal decision-making or parenting time, specific documents and information must be disclosed to the other party.

Furthermore, the rules are designed to facilitate the discovery process in family law cases, incorporating civil procedural rules for aspects such as the computation of time (Rule 4) and motions (Rules 32 and 35). The court may instruct otherwise if a party shows good cause for delayed discovery, emphasizing that one party’s delay does not justify delaying the process for others.

What Is The Rule 77 In Arizona Family Law Procedure?

Rule 77 of the Arizona Rules of Family Law Procedure governs the process for setting family law cases for trial. Unless the court has already set a trial date during a scheduling or resolution management conference, any party involved can file a motion to have their case scheduled for trial. Additionally, a proposal has been made to amend Rule 77 and introduce a new Rule 77. 1, which aims to create an informal family trial program to enhance access to justice in family law cases.

The rules apply to all family law matters, including paternity cases as outlined in Title 25 of the Arizona Revised Statutes. Notably, cases involving legal decision-making or parenting time for minor children are prioritized by the court. The Arizona Supreme Court has made extensive amendments to these rules, which were adopted in 2005 and made effective from January 1, 2006. Subsequent revisions have also been made in 2019.

These rules are structured to ensure orderly procedures within the Superior Court of Arizona for family law cases, emphasizing the importance of each party's opportunity to present their case during trials and other pretrial procedures. The court retains the authority to question parties during trial proceedings.

What Is The Rule 49 In Arizona Family Court?

Rule 49 of the Arizona Rules of Family Law Procedure is designed to promote transparency and avoid "litigation by ambush" by mandating full disclosure of relevant information in family law cases. Both parties in a family law case must exchange detailed statements outlining their positions and all pertinent facts, data, and legal theories within 40 days of serving their initial disclosure. This rule reflects an effort to ensure fairness and professionalism, fostering voluntary cooperation between parties. The disclosure requirements encompass essential information, including witnesses and documents that pertain to the case.

Failing to adhere to Rule 49 can have significant consequences, as evidence not disclosed cannot be used during trial. Moreover, if a party neglects their disclosure obligations, the opposing party may file a motion to compel disclosure and seek sanctions. This obligation to disclose is ongoing, meaning parties must continuously provide relevant information throughout the proceedings.

In cases involving legal decision-making or parenting time, specific documents must also be included in the initial disclosures. Ultimately, Rule 49 establishes a minimum standard for evidence exchange in Arizona family law cases, ensuring that each party is adequately informed, promoting a fair legal process, and reducing potential disputes stemming from undisclosed information.

What Is The Rule 35 In Arizona Family Law?

Rule of Protective Order Procedure 35 prohibits courts from issuing Injunctions Against Harassment that include minor children if doing so may affect existing family court orders or actions concerning those children. This rule asserts that a party must request a court order through a motion in a pending action, unless stipulated otherwise by the rules. In Arizona's family law context, Rule 35 outlines the procedure for motions including specific requirements on grounds for granting such motions.

Additionally, it emphasizes formalities and timelines for motions filed with the Superior Court. Rule 35. 1 enables parties to request reconsideration of court decisions without oral arguments or responsive memoranda unless ordered by the court. The rule facilitates considerations for evidence, including drug tests and evaluations by appointed guardians or evaluators. The overarching intent of these rules is to streamline procedures in family law cases while safeguarding the interests of children in ongoing family court matters.

How Are Arizona Supreme Court Judges Appointed?

In Arizona, judges, including those for the Supreme Court, Court of Appeals, and Superior Courts in Coconino, Maricopa, Pima, and Pinal Counties, are appointed by the governor from lists of nominees chosen by public committees. The Arizona Supreme Court comprises seven justices appointed by the governor, who may stand for retention after two years followed by six-year terms. The justices elect one from among themselves to serve as chief justice for a five-year term.

As of now, Arizona's Supreme Court justices include Chief Justice Robert M. and Justice Kathryn H. King, who was appointed in July 2021. According to the Arizona Judicial Branch, justices must retire at age 70, and judges are also screened and selected by public committees before gubernatorial appointment. The selection process involves cooperation with the Arizona Commission on Appellate Court Appointments. In March 2023, the methods for selecting judges varied depending on the court level and county populations.

Recently, 17 candidates expressed interest in succeeding retiring Justice Robert Brutinel. The Supreme Court has mandated enforcement of a 1864 territorial abortion ban, reflecting its ruling capabilities. Each justice is retained through elections every six years after their initial appointment, maintaining a system that emphasizes public involvement in judicial selection.