Valenzuela v. Brown

In Valenzuela v. Brown, 186 Ariz. 105, 107, 919 P.2d 1376, 1378 (App. 1996), the Court determined that a party was entitled to a peremptory change of judge following the reversal of a grant of partial summary judgment, because "the reason for the rule is avoiding the possibility of judicial bias after reversal and remand." Id. at 108, 919 P.2d at 1379. The Valenzuela court explained that "where, as here, the judge has made a decision on the merits of the case, he has shown unequivocally what he believes the proper outcome of the case to be. . . . The judgment now having been reversed, the policy reasons for permitting a change of judge as a matter of right on remand are all the more apparent." Id. at 109, 919 P.2d at 1380.