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Committee advances bill requiring shorter temporary orders and longer evidentiary hearings in family disputes
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Summary
House Bill 22-54 would require courts to reevaluate temporary orders within six months and set minimum evidentiary hearing time for reconsideration; proponents said the measure would reduce prolonged, restrictive temporary orders while opponents worried about court scheduling and separation-of-powers issues.
House Bill 22-54 would require courts to reevaluate each issued temporary order within six months and sets standards for proceedings when reevaluating a temporary order; sponsor testimony and witness accounts emphasized the measure’s intent to prevent prolonged temporary orders that assign custody without fuller evidentiary review.
Sponsor Representative Kestrel and witnesses described cases where temporary orders remained in effect for months without comprehensive evidentiary hearings. Witnesses who said they had children removed from their care reported short hearings and prolonged temporary custody placements; one witness said a 40-minute hearing led to an 11-month placement away from the parent. Supporters asked for minimum hearing time for evidentiary reviews and for better procedural protections.
The Arizona Judicial Council opposed aspects of the bill, saying courts already have statutory and rule-based tools and that imposing fixed minimum hearing lengths and mandatory periodic hearings could cause calendar backlogs and raise separation-of-powers issues. The Council suggested party-driven requests for hearings remain the practical approach and urged careful drafting.
Committee members divided on the measure’s operational effect; some favored stronger protections for parents awaiting full hearings, while others warned of systemic impacts. The committee recorded a due-pass recommendation after member discussion and roll-call votes.
Ending: HB 22-54 advanced with a due-pass recommendation. Sponsors and Judicial Council representatives agreed to continue consultative work on procedural language to balance parent rights and court operations.
