Hickox v. SUPERIOR COURT FOR CTY. OF MARICOPA

JACOBSON, Chief Judge, Division One.

This special action requires the court to determine whether a peremptory challenge under Rule 42(f), Rules of Civil Procedure, 16 A.R.S., may be withdrawn when it appears that the challenge was made in vain.

In this divorce action proceeding, plaintiff-real party in interest, Catherine Hick-ox, filed an order to show cause against the petitioner, John Hickox, which was returnable on September 11, 1972, before the Honorable W. E. Patterson who was at that time serving as a pro tem judge of the Maricopa County Superior Court. Judge Patterson on his own motion…