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ROTHWEILER v. SUPERIOR COURT OF PIMA COUNTY

No. 8679-PR.

100 Ariz. 37 (1966)

410 P.2d 479

Charles ROTHWEILER, Petitioner-Respondent, v. SUPERIOR COURT OF PIMA COUNTY, Mary Anne Richey, Judge, and the City of Tucson, Respondents-Petitioners.

Supreme Court of Arizona. En Banc.

January 20, 1966.

Attorney(s) appearing for the Case

J. William Moore, Phoenix, for petitioner-respondent.

Calvin Webster, Tucson City Atty., and John O. Franklin, Asst. City Atty., for respondent-petitioner City of Tucson.

Darrell F. Smith, Atty. Gen., Norman E. Green, Pima County Atty., by Howard Kashman, Deputy Co. Atty., for Pima County, State of Arizona, amici curiae.

Jestila & Holroyd, by Donald D. Holroyd, Phoenix, for Arizona State Bar, amici curiae.

J. LaMar Shelley, Mesa, General Counsel for League of Arizona Cities and Towns, amicus curiae.

UDALL, Justice.

Charles Rothweiler, petitioner herein, was tried and convicted in the City Court of Tucson of driving while under the influence of intoxicating liquor, a violation of A.R.S. § 28-692, as amended. Petitioner appealed the conviction to the Superior Court of Pima County and timely requested a jury trial. Respondent is a Judge of the Superior Court of Pima County who, petitioner contends, proposes to deny...

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