Family Law

questions & answers

Question: Is it true that you can motion to have a Commissioner replaced by a Judge, I've heard that the Judge is a elected official and a Commissioner is appointed by a Judge, since the Judge is elected by the people (me), don't I have that right?

Answer: In counties where there are three or more superior court judges, the presiding judge is authorized to appoint commissioners to handle a variety of tasks. A.R.S. § 12-213. The types of cases that commissioners can handle are discussed in Rule 96 of the Rules of the Supreme Court. In some counties commissioners are also appointed as judges pro tempore. A person does not have the right to automatically replace a commissioner with a judge. That person can ask that a commissioner be removed for cause. Civil Rule 42(f)2. Additionally a person has the right to request a change of judge or commissioner as a matter of right if the request is made within within a timely basis. Civil Rule 42(f)1(c).