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Arizona Legislature· HB2126Signed by Governor (Chapter 45)

venue; employee conflict; superior court, the official text

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House Engrossed

venue; employee
conflict; superior court

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2126

AN
ACT

AMENDING title 12, chapter 4, article 1,
ARIZONA REVISED STATUTES, by adding section 12-412; RELATING TO CHANGE OF
VENUE.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 12-412, to read:

START_STATUTE12-412. Procedure for change of venue when a party is a court or clerk
employee

A. If a party to a civil action
pending in the superior court is an employee of the judicial branch or the
clerk of the superior court in the county where the action is pending, a change
of venue as a matter of right, applies only if one or more
of the following conditions are met:

1. The employee holds or held at the
time the action was filed a leadership or supervisory position, including a
judge, commissioner, presiding judge, court administrator, clerk of the
superior court, chief deputy clerk or division director or an equivalent
management position with authority over court operations or personnel.

2. The employee works or worked in
the same division of the superior court to which the action is assigned.

3. The superior court in the county
where the action is pending has three or fewer divisions, and the employee is
employed by the judicial branch or the clerk of the superior court in that
county.

B. If a party meets the criteria
prescribed in subsection a of this section, either party is entitled to a
change of venue as a matter of right.  On request of the party applying for the
change of venue, the court shall transfer the action to the most convenient
adjoining county, unless the parties agree to another county, in which case the
court shall transfer the action to the agreed-on
county.

C. If a party does not meet the
criteria prescribed in subsection a of this section, a change of venue based
solely on the party’s employment with the judicial branch or the clerk of the
superior court may be granted only on a showing of good cause, including a
demonstrated risk of actual bias or the appearance of impropriety that cannot
be adequately addressed through recusal, reassignment or use of a visiting
judge.

D. This section does not limit or
replace any other authority of the court to order recusal, reassignment or
appointment of a visiting judge under existing law or rule.
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