Rule 4.5 - Post-Conviction Reliefa.Rule 32 Assignment Judge. The presiding criminal judge shall designate one (1) judge of the superior court as the Rule 32 Assignment Judge. The Rule 32 Assignment Judge shall oversee the Rule 32 Management Unit and shall preside over the preliminary stages of post-conviction relief matters.b.Initial Assignment. In all post-conviction relief matters except as specified in paragraph (c) of this rule, upon the filing of the notice of post-conviction relief, the matter is assigned by operation of this rule to the Rule 32 Assignment Judge who shall preside over the matter until it has moved beyond the preliminary stages of the post-conviction relief proceedings. If the Rule 32 Assignment Judge has a conflict in a specific case, the presiding criminal judge shall re-assign the case to another judge or the sentencing judge for the preliminary stages.c.Exceptions. This rule shall not apply to those post-conviction relief matters arising from capital cases or matters in which the judge who imposed the judgment and sentence upon the defendant requests to preside over the matter during the preliminary stages. Post-conviction relief proceedings in cases in which the death penalty was imposed are assigned by operation of this rule to the presiding criminal judge for all preliminary proceedings, unless otherwise assigned or directed by the presiding criminal judge.d.Preliminary Stages. The preliminary stages of a post-conviction relief proceeding shall include but are not limited to the filing of the notice of post-conviction relief, the assignment of counsel, initial requests for discovery or preparation of transcripts and other court documents, requests for extensions of time, setting the briefing schedule, and other requests made by the defendant in regard to the preparation of a petition for post-conviction relief.e.Assignment to Ruling Judge. Once the Rule 32 Assignment Judge determines that a matter has been fully briefed and all preliminary matters are resolved, the matter shall be assigned to the proper division in accordance with Rule 32.4(e) of the Arizona Rules of Criminal Procedure.Renumbered from Rule 4.12 and amended June 12, 2013, effective 7/1/2013.HISTORICAL NOTES
Former Rule 4.5 was renumbered as Rule 4.2 June 12, 2013, effective July 1, 2013.