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CAIN v. CITY COURT OF CITY OF TUCSON

No. 16261-PR.

135 Ariz. 96 (1983)

659 P.2d 649

Germaine CAIN, Petitioner/Appellant, v. The CITY COURT OF the CITY OF TUCSON, Pima County, State of Arizona; Bram Goldman, City Magistrate; and Hon. James M. Wilkes, Judge Pro Tempore of Superior Court of the State of Arizona, Respondent, and OFFICE OF the CITY PROSECUTOR, Real Party in Interest/Appellee.

Supreme Court of Arizona, In Banc.

February 15, 1983.

Attorney(s) appearing for the Case

Stephen Paul Barnard, Tucson, for petitioner/appellant.

Frederick S. Dean, City Atty. by R. William Call and Tobin Rosen, Asst. City Attys., Tucson, for real party in interest/appellee.

CAMERON, Justice.

We granted the petition for review of Germaine Cain of a decision of the Court of Appeals which affirmed the denial of her request for a peremptory change of judge in the municipal court. We have jurisdiction pursuant to A.R.S. § 12-120.24.

We must consider only one issue on review. Are parties to criminal cases in non-record courts entitled to a peremptory change of judge as a matter of fairness?

The facts necessary to a determination...

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