Right to a Change of Judge In Arizona

Before the Arizona Supreme Court promulgated Rule 42(f) in 1971, Arizona courts had recognized a peremptory right to a change of judge, even though 12-409 required the filing of an affidavit of bias and prejudice, and had acknowledged that the affidavit had become a fiction in cases in which such peremptory changes were sought. See, e.g., Hofstra v. Mahoney, 108 Ariz. 498, 498, 502 P.2d 1317, 1317 (1972); American Buyers, 84 Ariz. at 380, 329 P.2d at 1102; Conkling, 29 Ariz. at 68, 239 P. at 509; Stephens v. Stephens, 17 Ariz. 306, 309, 152 P. 164, 165 (1915). Rule 42(f)(1), in contrast to Rule 42(f)(2) (change of judge for cause), recognizes the peremptory right to a change of judge, eliminating the previously required affidavit of bias and prejudice. See State Bar Committee Note to 1971 Amendment, Ariz. R. Civ. P. 42(f)(1)(A). See also King, 108 Ariz. at 494, 502 P.2d at 531; Del Castillo v. Wells, 22 Ariz. App. 41, 43, 523 P.2d 92, 94 (1974).