Bill Text: AZ SCR1040 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Justices and judges; retirement age
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2010-04-19 - House RULES Committee action: constitutional and in proper form, voting: (7-0-0-1-0) [SCR1040 Detail]
Download: Arizona-2010-SCR1040-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE CONCURRENT RESOLUTION 1040 |
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A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona; amending article VI, sections 20 and 39, Constitution of Arizona; relating to the judicial department.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article VI, sections 20 and 39, Constitution of Arizona, are proposed to be amended as follows, if approved by the voters and on proclamation of the Governor:
20. Retirement and service of retired justices and judges
Section 20. a. The legislature shall prescribe by law a plan of retirement for justices and judges of courts of record, including the basis and amount of retirement pay, and requiring, except as provided in section 35 of this article, that justices and judges of courts of record be retired upon on reaching the age of seventy seventy-five years of age.
B. Any retired justice or judge of any court of record who is drawing retirement pay may serve as a justice or judge of any court. When serving outside his the justice's or judge's county of residence, any such retired justice or judge shall receive his necessary traveling and subsistence expenses. A retired judge who is temporarily called back to the active duties of a judge is entitled to receive the same compensation and expenses as other like active judges less any amount received for such period in retirement benefits.
39. Retirement of justices and judges; vacancies
Section 39. A. On attaining the age of seventy seventy‑five years of age a justice or judge of a court of record shall retire and his the justice's or judge's judicial office shall be vacant, except as otherwise provided in section 35 of this article. In addition to becoming vacant as provided in this section, the office of a justice or judge of any court of record becomes vacant upon his on the justice's or judge's death, or his voluntary retirement pursuant to statute or his voluntary resignation, and also, as provided in section 38 of this article, upon on the expiration of his the justice's or judge's term next following a general election at which a majority of those voting on the question of his the justice's or judge's retention vote in the negative or for which general election he the justice or judge is required, but fails, to file a declaration of his desire to be retained in office.
B. This section is alternative to and cumulative with the methods of removal of judges and justices provided in article VIII, parts 1 and 2 of article 8 and article 6.1 of this Constitution VI.I. END_STATUTE
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
