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ARIZONA DEPT. OF ECONOMIC SEC. v. REINSTEIN

No. 1 CA-SA 06-0274.

150 P.3d 782 (2007)

ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Petitioner, v. The Honorable Ronald S. REINSTEIN, Judge of the Superior Court of the State of Arizona in and for the County of Maricopa, Respondent Judge, Vanna C., Gabriel T., Elizabeth T. aka Elizabeth C., Maria T., Magdalena T., and Mariaset T., aka Monaset T., Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

January 18, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Dawn R. Williams and Gaylene Morgan, Assistant Attorneys General, Tucson, Attorneys for Petitioner.

Office of the Legal Defender By Robert B. Bushor, Phoenix, Attorneys for Real Parties in Interest.

OPINION

EHRLICH, Judge.

¶ 1 The Arizona Department of Economic Security ("ADES" or "Agency") has petitioned for relief from a trial court order requiring a jury trial in a case in which it seeks the termination of the rights of Vanna C. and Gabriel T. ("the Parents") to their children. At issue is a statute that, before January 1, 2007, gave a parent the choice of a trial to a court or a trial to a jury in a severance action. On January 1, 2007, the...

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