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SMITH v. MITCHELL

No. 2 CA-SA 2006-0075.

148 P.3d 1151 (2006)

Rhonda Denise SMITH, Petitioner, v. The Hon. Douglas P. MITCHELL, Commissioner of the Superior Court of the State of Arizona, in and for the County of Pima; and The Hon. John S. Leonardo, Presiding Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondents, and Howard Edward Smith, Respondent/Real Party in Interest.

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

December 7, 2006.

Attorney(s) appearing for the Case

Schwanbeck & Present, P.L.L.C. by Victor R. Schwanbeck, Tucson, Attorneys for Petitioner.

Everlove & Cossitt by Erika L. Cossitt, Tucson, Attorneys for Respondent/Real Party in Interest.

OPINION

ESPINOSA, Judge.

¶ 1 In this special action, petitioner Rhonda Smith challenges both the respondent judge's and respondent commissioner's denials of her requests for a change of judge, arguing that each applied an incorrect legal standard in ruling on her requests. We accept jurisdiction of the special action and grant relief.

Jurisdiction

¶ 2 It is appropriate that we accept jurisdiction of this special action...

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