Legal Question in Family Law in Arizona

Motion for chage of Judge / Commissioner

I have a case that has been reassigned to a commissioner because the old commissioner became a judge and reassigned the case to a newly appointed commissioner. The problem is the new commissioner is/was the attorney for my ex-wife and we have already been to some hearings with him acting as the attorney. This seems to conflict with A.R.S 12-409 subsection (B) but he isn't a judge but a commissioner. Can I file a motion for a change of judge and what are my timelines to do so?


Asked on 1/28/07, 10:08 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Motion for chage of Judge / Commissioner

You absolutely can have that Commissioner removed. I would file an appropriate request immediately. We can prepare such for you even if you desire to proceed without counsel.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 1/29/07, 10:44 am


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