
The legal landscape of family law in Arizona has seen a significant alteration as the state's supreme court has implemented emergency amendments to the rules that govern a party's ability to change judges. This action comes on the heels of a recent Court of Appeals decision, which has prompted a reevaluation of longstanding judicial assignment procedures in divorce and child custody cases.
Specifically, the case of Sobrino v. Fisk, which was decided on November 26, 2024, cast a new light on rules that previously seemed clear-cut. The appellate court's interpretation suggested that the existing rules permitted either party in a family law matter to request a new judge every time a new action, such as a petition for modification or other relief, was filed following the issuance of a dissolution decree, according to the Arizona Supreme Court. This expansive interpretation contradicted the former understanding of Family Law Rule 6(a), which historically granted each party only one automatic change of judge in the span of a case.
In response to this legal quandary, the Arizona Supreme Court has acted swiftly to amend the Rules of Family Law Procedure, realigning them with the original intent. As laid out in the amendments, each party will now be limited to a single notice of change of judge as a matter of right, applicable before and after a dissolution decree is entered. This revision intends to close the door on what could have been an endless cycle of judge shopping, which may have prolonged legal proceedings and disrupted the court calendar.
As per the official release from the Arizona Judicial Branch, these amendments took effect immediately upon their adoption. Nevertheless, the Arizona Supreme Court has initiated a public comment period concerning whether the changes should become permanent. Interested parties have until May 1, to submit their perspectives, after which the Court will deliberate the issue during its August 2025 Rules Agenda.