Rule 42(f) around Judge Hinson

Staffers of Arizona Representatives and Senators: You can click here to skip directly to the preamble and complaint.

Attorneys, in the interest of justice, if your client has been assigned to Judge Hinson, perhaps you should request a change of judge now before proceedings begin? It's a matter of right, per Rule 42(f) in the Rules of Civil Procedure. (Rule 6 in Family Law Procedure.)

After all, according to the Daily Courier, "Presiding Judge Brutinel described Hinson's caseload as heavy, and Hinson as [only] a 'fairly efficient' judge."

Wouldn't it be better for your client if you had a judge whose caseload wasn't as heavy and a judge who was more efficient, as evidenced by never having a violation of the 60 day Rule? In the complaint, I point out that, in the years surveyed, no other judge in Yavapai county violated the 60 day Constitutional requirement.

Judge Brutinel continued: "Hinson handles civil cases involving things like mortgage problems, domestic disputes and probate and guardianship cases. Brutinel described such cases as paper-intensive. Some civil cases, he said, are 'extraordinarily complex.'"

Now that Judge Hinson has an attorney defending him against this complaint, he's bound to be even more distracted than ever.

[If you file, don't forget... there are at least four copies to submit. One to each opposing party, one to the judge, one to the clerk, and one to the presiding judge. See 1.(B)]

Any clients reading this... you may want to instruct your attorney to request this before you go to trial before Judge Hinson. The law says you do not have to specify why you want the change.

It's your right. (But not a Constitutional right. So the courts do better here.)

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