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HB 2152

right to jury; domestic relations

57th Legislature - First Regular Session Introduced by Rachel Keshel

HB 2152 grants Arizona residents the constitutional right to jury trials in domestic relations cases like divorce, custody, and support disputes, shifting decisions from judges to juries.

Senate Second Reading
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Bill Summary · HB 2152

Legislative bill overview

HB 2152 would establish a constitutional right to jury trial in domestic relations cases in Arizona, including matters involving divorce, custody, visitation, and support determinations. Currently, Arizona domestic relations cases are typically decided by judges without juries, as they have historically been treated as civil matters outside the jury trial guarantee.

Why is this important

This represents a significant procedural change that could fundamentally alter how family law disputes are resolved in Arizona courts. It would affect potentially thousands of cases annually involving custody decisions, property division, and child support—some of the most consequential matters in families' lives—by shifting decision-making authority from experienced family law judges to lay juries.

Potential points of contention

  • Judicial expertise vs. jury decision-making: Family law judges develop specialized knowledge in complex custody standards, best-interest-of-the-child analyses, and financial/property valuations; juries lack this background and may produce inconsistent outcomes
  • Case complexity and jury comprehension: Domestic relations cases often involve intricate financial documents, psychological evaluations, and technical legal standards that juries may struggle to properly evaluate
  • Court system capacity: Adding jury trials to domestic relations dockets could significantly increase case processing times and court costs, potentially delaying resolution in time-sensitive custody matters
  • Inconsistency concerns: Jury composition variations could produce unpredictable verdicts in similar factual situations, creating instability for families and children

Compiled from official sources — confirm details with the bill’s official record.

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