IN THE COURT OF APPEALS
                             STATE OF ARIZONA
                               DIVISION ONE
                                        FILED OCT 17 1995
In re the Marriage of:        )
CLINTON CHARLES TALIAFERRO,   )
     Petitioner-Appellant     )         1 CA-CV 93-0547
and                           )
ROBERT A. HIRSCHFELD          )         DEPARTMENT A
     Real Party in Interest,  )
     Non-Party Appellant      )         O P I N I O N
v.                            )
JOHANNA ANTONIA TALIAFERRO,   )
     Respondent-Appellee      )
______________________________)
 
             Appeal from the Superior Court of Maricopa County
                           Cause No. DR 92-07715
                   The Honorable Alfred J. Rogers, Judge
                  REVERSED AND REMANDED, SANCTION VACATED
____________________________________________________________
Robert A. Hirschfeld
Attorney for Petitioner-Appellant
     and in Propria Persona                       Phoenix
Martin D. LaPrade
Attorney for respondent-Appellee                  Phoenix
Cheifetz, Cochran and Mathew, P.C.
     by Walter Cheifetz
Attorneys for Amicus Curiae
     Arizona Civil Liberties Union                Phoenix
____________________________________________________________
C O N T R E R A S, Judge
      Appellant raises several issues in this appeal from the trial court's
final decree of dissolution. Attorney Robert Hirschfeld also appeals from
the trial court's order sanctioning him $20,000 for violation of various
disclosure rules. However, the threshold issue in this appeal is whether
the trial court erred in failing to honor appellant's notice of change of
judge. We find that the trial court did err, and thus we reverse.
                   FACTS AND PROCEDURAL HISTORY
      In June 1992, appellant Clinton Taliaferro (husband) filed a petition
for dissolution of marriage from appellee Johanna Taliaferro (wife). On
January 27, husband, then proceeding pro per, obtained an order of
protection against wife from Judge William Topf, the judge assigned to the
case at that time. (NOTE 1) Wife subsequently filed a notice of change of
judge, see Rule 42(f), Arizona Rules of Civil Procedure, and the case was
assigned to Judge Alfred Rogers. Wife then requested a hearing to respond
to the January 27th order of protection, (NOTE 2) and the matter was set
for hearing on February 12th, 1993, before Judge Rogers.
      No court reporter was present at the February 12th hearing, but the
court's minute entry reflects that husband was neither present nor
represented by counsel. Specifically, the court noted in its minute entry
that husband "showed up and then left before the hearing commenced."
Without noting whether the court heard argument from wife, the court
ordered the January 27th order of protection issued against wife be
quashed.
      On February 24, 1993, attorney Robert Hirschfeld filed a notice of
appearance of counsel and a notice of change of judge on behalf of husband.
in his notice of change of judge, husband requested reassignment of the
case pursuant to Rule 42(f), asserting that Judge Rogers "has not heard any
proceeding in which [husband] has participated in this matter." Judge
Rogers denied husband's notice on February 25th "for the reason that a
scheduled, contested hearing has taken place before this Court."
      After a lengthy trial before Judge Rogers, the court entered a decree
ordering the marriage between the parties dissolved. The court also made
various orders regarding custody of the parties' minor child, child
support, spousal maintenance, and visitation. The court also entered an
order sanctioning attorney Hirschfeld $20,000 for failing to disclose that
husband had taken an overdose of prescription medication in May 1993 in
what the court found to be a suicide attempt. Both husband and Hirschfeld
appealed.
(CONTINUED IN NEXT POST)
--- DB 1.58/004910
---------------