THE COURT OF APPEALS SAYS NO PEREMPTORY CHALLENGES IF YOU WANT TO CHANGE YOUR JUDGE
At the Law Offices of Randall J. Craig our criminal cases consist of numerous issues. Sometimes a change in the trial judge is necessary. Recently the Court of Appeals ruled however that a trial court’s denial of a defendant’s Rule 10.2 Ariz.R.Crim.P., request for peremptory change of judge may not be challenged on direct appeal and must be reviewed by special action. In reviewing the issue, the Court of Appeals analogized the Arizona Supreme Court’s decision in Taliaferro in the context of a civil action, where the Court had reasoned that a peremptory change of judge essentially is a “matter of grace” that could be converted to “a trump card which would later destroy the validity of the entire proceeding.” The Court of Appeals found that once a defendant has been convicted and sentenced, “it is too late in the day to be worrying about who tried the case, short of true challenges for cause.” State v. Ingram, 2/11/16.