Cain v. City Court of City of Tucson

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 of this matter are as follows. On 4 January 1981, Germaine Cain was arrested and charged with driving while intoxicated. A.R.S. § 28-692. A…