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Rule 33.10 Assignment of a Judge

VIII. Appeal and Other Post–Conviction Relief | Rule 33. Post–Conviction Relief for Defendants Who Pled Guilty or NO Contest, Who Admitted a Probation Violation, or Who Had an Automatic Probation Violation

(a) Generally. The presiding judge must, if possible, assign a proceeding for post-conviction relief to the sentencing judge. The provisions of Rules 10.1 and 10.2 apply in proceedings for post-conviction relief when the case is assigned to a new judge.

(b) Dispute Regarding Public Records. The assigned judge may hear and decide a dispute within its jurisdiction, whether the dispute is raised by motion or by special action, that concerns access to public records requested for a post-conviction proceeding.

Amendment history: Added Aug. 29, 2019, effective Jan. 1, 2020.