Tuesday, August 30, 2011
Affidaviting Judges at ICA
A new workers comp attorney recently asked about the rule that allows a peremptory strike of a judge assigned to an Arizona work comp claim. Rule. Allows you to "Strike" a judge and ask for a new one upon a showing of "bias and prejudice". No actual evidence of bias is required. Earlier in my career I used to regularly affidavit judges who I thought had rendered bad decisions - I guess I thought it would punish them!!!
I've learned with time that all of the judges at the ICA are generally very fair and striking them doesn't really accomplish anything. Occasionally I'll remember that a certain judge doesn't like a certain doctor or I'll have a client who I think will rub a certain judge the wrong way and I may in very limited circumstances affidavit them.