Bill Text: AZ SCR1044 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Judicial vacancies; appointment by governor
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Senate JUD Committee [SCR1044 Detail]
Download: Arizona-2011-SCR1044-Introduced.html
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REFERENCE TITLE: judicial vacancies; appointment by governor |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SCR 1044 |
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Introduced by Senator Gould
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of arizona; amending article vi, section 37, 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, section 37, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
37. Judicial vacancies and appointments; initial terms; residence; age
Section 37. A. Within sixty days from the occurrence of a vacancy in the office of a justice or judge of any court of record, except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court, the commission on appellate court appointments, if the vacancy is in the supreme court or an intermediate appellate court of record, shall submit to the governor the names of not less than three persons nominated by it to fill such the vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event not more than sixty percentum per cent of such the nominees shall be members of the same political party.
B. Within sixty days from the occurrence of a vacancy in the office of a judge of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, the commission on trial court appointments for the county in which the vacancy occurs shall submit to the governor the names of not less than three persons nominated by it to fill such the vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event no more than sixty per centum cent of such the nominees shall be members of the same political party. A nominee shall be under sixty-five years of age at the time his name is submitted to the governor. Judges of the superior court shall be subject to retention or rejection by a vote of the qualified electors of the county from which they were appointed at the general election in the manner provided by section 38 of this article.
C. A vacancy in the office of a justice or a judge of such courts of record shall be filled by appointment by the governor without regard to political affiliation from. The governor may appoint one of the nominees whose names shall be are submitted to him the governor as hereinabove provided or any other qualified person of the governor's own choosing. In making the appointment, the governor shall consider the diversity of the state's population for an appellate court appointment and the diversity of the county's population for a trial court appointment, however the primary consideration shall be merit. If the governor does not appoint one of such nominees make an appointment to fill such the vacancy within sixty one hundred twenty days after their names are submitted to the governor by such commission from the occurrence of a vacancy in the office, the chief justice of the supreme court forthwith shall promptly appoint on the basis of merit alone without regard to political affiliation one of such the nominees to fill such the vacancy. If such commission does not, within sixty days after such vacancy occurs, submit the names of nominees as hereinabove provided, the governor shall have the power to appoint any qualified person to fill such vacancy at any time thereafter prior to the time the names of the nominees to fill such vacancy are submitted to the governor as hereinabove provided. Each justice or judge so appointed shall initially hold office for a term ending sixty days following the next regular general election after the expiration of a term of two years in office. Thereafter, the terms of justices or judges of the supreme court and the superior court shall be as provided by this article.
D. A person who is appointed to fill a vacancy on an intermediate appellate court or another court of record now existing or hereafter established by law shall have been a resident of the counties or county in which that vacancy exists for at least one year prior to his before the person's appointment, in addition to possessing the other required qualifications. A nominee shall be under sixty-five years of age at the time his the nominee's name is submitted to the governor.
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.
