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GILBERT PROSECUTOR'S OFFICE v. FOSTER

No. 1 CA-SA 18-0074.

424 P.3d 416 (2018)

792 Ariz. Adv. Rep. 21

GILBERT PROSECUTOR'S OFFICE, Petitioner, v. The Honorable George FOSTER Jr., Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa; the Honorable John Hudson, Judge of the Gilbert Municipal Court, in and for the County of Maricopa; Respondent Judges, Charles P. Beatty, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED June 7, 2018.

Attorney(s) appearing for the Case

Town of Gilbert Prosecutor's Office, Gilbert, By Zachary Altman , Counsel for Petitioner.

Kenneth S. Countryman, P.C., Tempe, By Kenneth S. Countryman , Counsel for Real Party in Interest.

Judge James B. Morse Jr. delivered the opinion of the Court, in which Presiding Judge Randall M. Howe and Judge Kenton D. Jones joined.

OPINION

¶ 1 In this special action, Petitioner Gilbert Prosecutor's Office asks us to reverse the decision of the Presiding Gilbert Municipal Court Judge to hold an evidentiary hearing to consider whether a notice of change of judge as a matter of right pursuant to Arizona Rule of Criminal Procedure 10.2

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