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ARIZONA DEPT. OF ECONOMIC SEC. v. STANFORD

No. 2 CA-SA 2014-0008.

323 P.3d 760 (2014)

ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Petitioner, v. Hon. K.C. STANFORD, Judge of the Superior Court of the State of Arizona, In and for the County of Pima, Respondent, and J.P., J.P., and Falicia W., Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

May 5, 2014.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General, By Dawn R. Williams, Assistant Attorney General, Tucson, Counsel for Petitioner.

Peter G. Schmerl, P.C., By Peter G. Schmerl, Tucson, Counsel for Real Party in Interest J.P.

Pima County Office of Children's Counsel, By Sara E. Goldfarb, Tucson, Counsel for Real Party in Interest J.P.

Presiding Judge VÁSQUEZ authored the opinion of the Court, in which Judge MILLER and Judge BRAMMER concurred.

OPINION

VÁSQUEZ, Presiding Judge.

¶ 1 In this special action, petitioner Arizona Department of Economic Security (ADES) maintains the respondent judge "act[ed] in excess of his authority when he sua sponte moved to establish a permanent guardianship for" two brothers, J.P. and J.P.2 For the following reasons, we accept jurisdiction and grant relief.

Factual and Procedural Background

¶ 2 In January...

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