BERGERON EX REL. PEREZ v. O'NEIL

Nos. 2 CA-SA 2003-0053, 2 CA-SA 2003-0054, 2 CA-SA 2003-0055, 2 CA-SA 2003-0060.

74 P.3d 952 (2003)

205 Ariz. 640

Jennifer L. BERGERON, Deputy Public Defender, Pinal County, on behalf of Joseph Louis PEREZ, Petitioner, v. Hon. William J. O'NEIL, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, and Hon. Colin F. Campbell, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondents, and The State of Arizona, Real Party in Interest. Bret Huggins and Raymond Beck, Deputy Public Defenders of Pinal County, on behalf of Jeremy Myers and John J. Newsome, Petitioners, v. Hon. William J. O'Neil, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, and Hon. Colin F. Campbell, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondents, and The State of Arizona, Real Party in Interest. Bradley Soos, on behalf of the State of Arizona, Petitioner, v. Hon. William J. O'Neil, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, and Hon. Colin F. Campbell, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondents, and Patrick Lewis, Real Party in Interest. David W. Gregan, Mario E. Urrutia, and Lawton Connelly, on behalf of Shannon Duvall, Connie Stevens, and Kenneth L. Farnsworth, Petitioners, v. Hon. William J. O'Neil, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, and Hon. Colin F. Campbell, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondents, and The State of Arizona, Real Party in Interest. Raymond Beck, Deputy Public Defender of Pinal County, on behalf of Gavino Garcia Barreras and Rudolph Salas, Petitioners, v. Hon. William J. O'Neil, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, and Hon. Colin F. Campbell, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondents, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

August 21, 2003.


Attorney(s) appearing for the Case

Ralph E. Ellinwood, Tucson, for Petitioner Bergeron.

Eleanor L. Miller, Phoenix, for Petitioners Huggins and Beck.

Robert Carter Olson, Pinal County Attorney by Bradley Soos, Florence, and Jones, Skelton & Hochuli by Georgia Staton and Eileen Dennis GilBride, Phoenix, for Petitioner Soos.

Nicholas S. Hentoff, Phoenix, for Petitioners Gregan, Urrutia, and Connelly.

Terry Goddard, Arizona Attorney General by Anne C. Longo, Phoenix, for Respondents.


OPINION

ECKERSTROM, J.

¶ 1 In these consolidated special actions, we are asked to determine whether an attorney who has filed a notice of change of judge pursuant to Rule 10.2, Ariz. R.Crim. P., 16A A.R.S., and who has therein avowed that the notice was not being filed for any improper purpose may be ordered to divulge his or her reasons for seeking a change of judge. We conclude that compelling counsel to divulge the reasons for filing a notice...

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