6/29/16 In Arizona both the defendant and the State have the right to a peremptory change of judge, meaning a change with very few limitations. The notice of change of judge may be filed within ten days after Arraignment. Only one peremptory change of judge is allowed per party.
In Woodington v. Browning and State (R.P.I.), No. 2 CA-SA 2016-0024 (6/22/16), the defendant was arraigned and charged with Murder. The court granted the defendant’s motion to have the case remanded to grand jury for a redetermination of probable cause. The grand jury returned a new indictment under the same case number. The defendant then filed a notice of change of judge after the second arraignment. The trial court denied the change of judge request. The defendant then filed a special action with the Court of Appeals challenging the denial of his change of judge.
The court of appeals denied the defendant’s special action petition. In doing to the court said the “arraignment” referred to in the rule was the first arraignment, and not a second or subsequent arraignment. The court said the new indictment under the same court number was in effect a continuation of the same case and so the first arraignment started the running of the time for the filing of the change of judge request. The court stated if the first indictment had been dismissed without prejudice and another, new, indictment been returned under a new case number, then the defendant would have been entitled to a change of judge after the arraignment for the new case.
The case may be found at:
https://www.appeals2.az.gov/Decisions/SA20160024Opinion.pdf
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