Change of Judge In Arizona

In Arizona, defendants are "entitled to a change of judge if a fair and impartial hearing or trial cannot be had by reason of the interest or prejudice of the assigned judge." Ariz. R. Crim. P. 10.1(a). If a defendant fails to object on the basis of a trial judge's bias below by filing a motion and affidavit pursuant to Rule 10.1, he forfeits review for all but fundamental, prejudicial error. State v. Curry, 187 Ariz. 623, 631, 931 P.2d 1133, 1141 (App. 1996); Henderson, 210 Ariz. 561,19, 115 P.3d at 607. Thus, because Granados is alleging the appearance of bias based on judicial rulings, and not bias based on constitutionally impermissible grounds, he has forfeited the argument for all but fundamental, prejudicial error because he failed to file a motion pursuant to Rule 10.1 below. See Curry, 187 Ariz. at 631, 931 P.2d at 1141. "'A trial judge is presumed to be free of bias and prejudice.'" State v. Ramsey, 211 Ariz. 529,38, 124 P.3d 756, 768 (App. 2005), quoting State v. Hurley, 197 Ariz. 400,24, 4 P.3d 455, 459 (App. 2000). "Bias and prejudice means a hostile feeling or spirit of ill-will, or undue friendship or favoritism" toward one of the parties. State v. Myers, 117 Ariz. 79, 86, 570 P.2d 1252, 1259 (1977). Judicial bias or prejudice ordinarily must "'arise from an extra-judicial source and not from what the judge has done in his participation in the case.'" State v. Emanuel, 159 Ariz. 464, 469, 768 P.2d 196, 201 (App. 1989), quoting State v. Thompson, 150 Ariz. 554, 557, 724 P.2d 1223, 1227 (App. 1986). Thus, "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion." Liteky v. United States, 510 U.S. 540, 555, 114 S. Ct. 1147, 127 L. Ed. 2d 474 (1994); see also State v. Ellison, 213 Ariz. 116,40, 140 P.3d 899, 912 (2006). And "adverse rulings to which a party assigns no error" cannot demonstrate judicial bias either. Curry, 187 Ariz. at 631, 931 P.2d at 1141. Furthermore, we must review such claims in light of the judge's duty to "require order and decorum in proceedings before the court." See Ariz. R. Sup. Ct. 81, Canon 2.8(A).