Bill Text: AZ SCR1049 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Justices; judges; appointment; senate confirmation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Senate JUD Committee [SCR1049 Detail]
Download: Arizona-2011-SCR1049-Introduced.html
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REFERENCE TITLE: justices; judges; appointment; senate confirmation |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SCR 1049 |
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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, sections 4, 12, 28, 30, 35, 36, 37, 38, 40 and 41, 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 4, 12, 28, 30, 35, 36, 37, 38, 40 and 41, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
4. Supreme court; appellate court; term of office
Section 4. A. through December 31, 2012, justices of the supreme court shall hold office for a regular term of six years except as provided by this article.
B. For any term beginning on or after January 1, 2013, justices of the supreme court and judges of any intermediate appellate court shall hold office for a regular term of ten years except as provided by this article.
12. Superior court; term of office
Section 12. A. Judges of the superior court in counties having a population of less than two four hundred fifty thousand persons according to the most recent United States census shall be elected by the qualified electors of their counties at the general election. Through December 31, 2012, they shall hold office for a regular term of four years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. For any term beginning on or after January 1, 2013, they shall hold office for a regular term of six years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. The names of all candidates for judge of the superior court in such counties shall be placed on the regular ballot without partisan or other designation except the division and title of the office.
B. The governor shall fill any vacancy in such counties having a population of less than four hundred thousand persons according to the most recent United States census by appointing a person to serve until the election and qualification of a successor. At the next succeeding general election following the appointment of a person to fill a vacancy, a judge shall be elected to serve for the remainder of the unexpired term.
C. Through December 31, 2012, judges of the superior court in counties having a population of two four hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four years except as provided by this article. For any term beginning on or after January 1, 2013, judges of the superior court in counties having a population of four hundred thousand persons or more according to the most recent United States census shall hold office for a regular term of six years except as provided by this article.
28. Justices and judges; dual office holding; political activity; practice of law
Section 28. Justices and judges of courts of record shall not be eligible for any other public office or for any other public employment during their term of office, except that they may assume another judicial office, and upon qualifying therefor, the office formerly held shall become vacant. No justice or judge of any court of record shall practice law during his continuance in office, nor shall he hold any office in a political party or actively take part in any political campaign other than his own for his reelection or retention in office. Any justice or judge who files nomination papers for an elective office, other than for judge of the superior court or a court of record inferior to the superior court in a county having a population of less than two four hundred fifty thousand persons according to the most recent United States census, forfeits his judicial office.
30. Courts of record
Section 30. A. The supreme court, the court of appeals and the superior court shall be courts of record. Other courts of record may be established by law, but justice courts shall not be courts of record.
B. All justices and judges of courts of record, except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two four hundred fifty thousand persons according to the most recent United States census, shall be appointed in the manner provided in section 37 of this article.
35. Continuance in office; continued existence of offices; application of prior statute and rules
Section 35. A. All justices, judges, justices of the peace and officers of any court who are holding office as such by election or appointment at the time of the adoption of this section or any amendment to this section shall serve or continue in office for the respective terms for which they are so elected or for their respective unexpired terms, and until their successors are elected or appointed and qualify or they are retained in office pursuant to section 38 of this article; provided, however, except that any justice or judge elected at the general election at which this section is adopted shall serve for the term for which he is so elected. The continued existence of any office heretofore legally established or held shall not be abolished or repealed by the adoption of this article. The statutes and rules relating to the authority, jurisdiction, practice and procedure of courts, judicial officers and offices in force at the time of the adoption of this article and not inconsistent herewith, shall, so far as applicable, apply to and govern such courts, judicial officers and offices until amended or repealed.
B. All judges of the superior court holding office by appointment or retention in counties with a population of two four hundred fifty thousand persons or more according to the most recent United States census at the time of the adoption of this amendment or any subsequent amendment to this section shall serve or continue in office for the respective terms for which they were appointed. Upon an incumbent vacating the office of judge of the superior court, whether by failing to file a declaration for retention, by rejection by the qualified electors of the county or resignation, the appointment shall be pursuant to section 37 of this article.
36. Commission on appellate court appointments; terms, appointments and vacancies on commission
Section 36. A. There shall be A nonpartisan commission on appellate court appointments which shall be composed of is established and consists of the following members:
1. The chief justice of the supreme court, who shall be chairman. , In the event of the absence or incapacity of the chairman, the supreme court shall appoint a justice of the supreme court to serve in the chief justice's place and stead.
2. Five attorney members, who shall be nominated by the board of governors of the state bar of Arizona and appointed by the governor with the advice and consent of the senate in the manner prescribed by law, and ten nonattorney. For each position subject to nomination by the state bar, the state bar shall send to the governor the names of at least three nominees. The majority of nominees shall be from the same political party as the governor. If there are not sufficient applicants to send the names of three nominees for each opening to the governor, the state bar shall send the names of all qualified nominees to the governor. If the governor fails to appoint the members within sixty days after receiving the names of the nominees, the state bar shall forward the names to the president of the senate, who shall make the appointments.
3. Thirteen members who shall be appointed by the governor with the advice and consent of the senate in the manner prescribed by law. At least ninety days prior to a term expiring or within twenty-one days of a vacancy occurring for a nonattorney member on the commission for appellate court appointments, the governor shall appoint a nominating committee of nine members, not more than five of whom may be from the same political party.
B. The makeup of the committee shall commission on appellate court appointments, to the extent feasible, shall reflect the diversity of the population of the state. Members shall not be attorneys and shall not hold any governmental office, elective or appointive, for profit. The committee shall provide public notice that a vacancy exists and shall solicit, review and forward to the governor all applications along with the committee's recommendations for appointment.
C. Attorney members of the commission shall have resided in the state, and shall have been admitted to practice before the supreme court for not less than five years and shall be members in good standing with the state bar. Not more than three attorney members who are nominated and appointed pursuant to subsection A, paragraph 2 shall be members of the same political party. and Not more than two attorney members shall be residents of any one county.
D. Nonattorney Members who are nominated and appointed pursuant to subsection A, paragraph 3 shall have resided in the state for not less than five years and none shall not be judges, be serving currently as a judge. Not more than two of the members who are appointed pursuant to subsection A, paragraph 3 shall be attorneys who have been admitted to the practice of law in this state for not less than five years and who are in good standing with the state bar. Not more than one of the members who is appointed pursuant to subsection A, paragraph 3 shall be a retired judges or admitted to practice before the supreme court judge. Not more than five nonattorney nine members who are appointed pursuant to subsection A, paragraph 3 shall be members of the same political party. Not more than two nonattorney members six of the members appointed pursuant to subsection A, paragraph 3 shall be residents of any one county.
E. None of The attorney or and nonattorney members of the commission shall not hold any governmental office, elective or appointive, for profit, and no an attorney member of the commission shall not be eligible for appointment to any judicial office of the state until one year after he the attorney member ceases to be a member of the commission.
f. Attorney Members of the commission shall serve staggered four-year terms and nonattorney members shall serve staggered four-year terms. The terms of members who are nominated and appointed pursuant to subsection a, paragraph 2 expire on the first Monday in January of 2015 and every four years thereafter. The terms of members who are appointed pursuant to subsection A, paragraph 3 expire on January 1, 2013 and every two years thereafter.
g. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments, except that if a vacancy occurs in a position that is subject to nomination by the state bar, the state bar shall send at least three names to the governor to allow the governor to make the replacement appointment consistent with the requirements of this section.
B. h. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission.
C. i. In making or confirming appointments to the appellate court commission, the governor, the senate and the state bar shall endeavor to see that the commission reflects the diversity of Arizona's this state's population.
In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof to serve in his place and stead.
D. j. Prior to Before making recommendations to the governor as hereinafter provided, the commission shall conduct investigations, hold public hearings and take public testimony. An executive session as prescribed by rule may be held upon on a two-thirds vote of the members of the commission in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective manner. The commission shall consider the diversity of the state's population, however, the primary consideration shall be merit. Voting shall be in a public hearing. The expenses of meetings of the commission and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state as state officers are paid, upon on claims approved by the chairman.
E. k. After public hearings, the supreme court shall adopt rules of procedure for the commission on appellate court appointments. If the commission on appellate court appointments and the commission on trial court appointments propose by a majority vote of each commission to amend the rules, the supreme court shall adopt the amendments if the amendments are lawful.
F. Notwithstanding the provisions of subsection A, the initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor for staggered terms as follows:
1. One appointment for a nonattorney member shall be for a one‑year term.
2. Two appointments for nonattorney members shall be for a two‑year term.
3. Two appointments for nonattorney members shall be for a three-year term.
4. One appointment for an attorney member shall be for a one‑year term.
5. One appointments for an attorney member shall be for a two‑year term.
G. The members currently serving on the commission may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section.
37. Judicial vacancies and appointments; initial terms; residence; age
Section 37. A. Within sixty days from the occurrence of a any 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 supreme court or an intermediate appellate court of record, 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 six persons nominated by it to fill such each 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 of such nominees shall be members of the same political party. Not all of the nominees shall be from the same political party, except that if six or fewer persons apply, the commission shall nominate all qualified applicants.
B. Within sixty days from the occurrence of a any 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 four 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 seven persons nominated by it to fill such each 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 of such nominees shall be members of the same political party. Not all of the nominees shall be from the same political party, except that if six or fewer persons apply, the commission shall nominate all qualified applicants. A nominee shall be under sixty-five years of age at the time his the nominee's 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 and based on merit from one of the nominees whose names shall be submitted to him the governor as hereinabove provided, subject to senate confirmation. The senate may reject an appointment. If the senate does not reject an appointee by a majority vote of its members within sixty days after appointment by the governor, that appointee shall take office as if the appointee had been confirmed. The president of the senate or a majority of the senate's members may call the senate into special session at any time for the purpose of considering a judicial appointment.
D. In making the appointment for a justice or judge, 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 the nominees to fill such the vacancy within sixty days after their names are submitted to the governor by such the commission, 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 the commission does not, within sixty days after such the vacancy occurs, submit the names of nominees as hereinabove provided in this subsection, the governor shall have the power to may appoint any qualified person to fill such the vacancy at any time thereafter prior to before the time the names of the nominees to fill such the vacancy are submitted to the governor as hereinabove provided in this subsection.
E. Each appointed 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 four years in office. Thereafter, the terms of justices or judges of the supreme court, an intermediate appellate court and the superior court shall be as provided by this article.
D. F. 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.
38. Declaration of candidacy; form of judicial ballot, rejection and retention; failure to file declaration
Section 38. A. A justice or judge of the supreme court or an intermediate appellate court shall file in the office of the secretary of state, and a judge of the superior court or other court of record including such justices or judges who are holding office as such by election or appointment at the time of the adoption of this section or any amendment to this section, except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two four hundred fifty thousand persons, according to the United States census, shall file in the office of the clerk of the board of supervisors of the county in which he regularly sits and resides, not less than sixty nor more than ninety days prior to the regular general election next preceding the expiration of his term of office, a declaration of his desire to be retained in office, and the secretary of state shall certify to the several boards of supervisors the appropriate names of the candidate or candidates appearing on such declarations filed in his office.
B. The name of any justice or judge whose declaration is filed as provided in this section shall be placed on the appropriate official ballot at the next regular general election under a nonpartisan designation and in substantially the following form:
Shall _______________, (Name of justice or judge) of the _________ court be retained in office? Yes __ No __ (Mark X after one).
C. If a majority of those voting on the question votes "No," then, upon the expiration of the term for which such justice or judge was serving, a vacancy shall exist, which shall be filled as provided by this article. If a majority of those voting on the question votes "Yes," such justice or judge shall remain in office for another term, subject to removal as provided by this constitution.
D. The votes shall be counted and canvassed and the result declared as in the case of state and county elections, whereupon a certificate of retention or rejection of the incumbent justice or judge shall be delivered to him by the secretary of state or the clerk of the board of supervisors, as the case may be.
E. If a justice or judge fails to file a declaration of his the justice's or judge's desire to be retained in office, as required by this section, then his office shall become vacant upon expiration of the term for which such justice or judge was serving.
40. Option for counties with less than four hundred thousand persons
Section 40. Notwithstanding any provision of this article to the contrary, any county having a population of less than two four hundred fifty thousand persons, according to the most recent United States census, may choose to select its judges of the superior court or of courts of record inferior to the superior court as if it had a population of two four hundred fifty thousand or more persons. Such choice shall be determined by vote of the qualified electors of such county voting on the question at an election called for such purpose by resolution of the board of supervisors of such county. If such qualified electors approve, the provisions of sections 12, 28, 30, 35 through 39, 41 and 42 shall apply as if such county had a population of two four hundred fifty thousand persons or more.
41. Superior court divisions; commission on trial court appointments; membership; terms
A. Except as otherwise provided, judges of the superior court in counties having a population of two four hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four six years.
B. There shall be A nonpartisan commission on trial court appointments for each county having a population of two four hundred fifty thousand persons or more according to the most recent United States census which shall be composed is established consisting of the following members:
1. The chief justice of the supreme court, who shall be the chairman of the commission. In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof of the supreme court to serve in his the justice's place and stead.
2. Five attorney members, none of whom shall reside in the same supervisorial district and not more than three of whom shall be members of the same political party, who are nominated by the board of governors of the state bar of Arizona and who are appointed by the governor subject to confirmation by the senate in the manner prescribed by law. For each position subject to nomination by the state bar, the state bar shall send to the governor the names of at least three nominees. The majority of the nominees shall be from the same political party as the governor. If there are not sufficient applicants to send the names of three nominees for each opening to the governor, the state bar shall send the names of all qualified nominees to the governor. If the governor fails to appoint the members within sixty days after receiving the names of the nominees, the state bar shall forward the names to the president of the senate, who shall make the appointments.
3. Ten nonattorney members, no more than two of whom shall reside in the same supervisorial district.
4. Three members who are appointed by the governor.
C. At least ninety days prior to before a term expiring or within twenty-one days of a vacancy occurring for a nonattorney member on the commission for trial court appointments who is appointed pursuant to subsection B, paragraph 3, the member of the board of supervisors from the district in which the vacancy has occurred shall appoint a nominating committee of seven members who reside in the district, not more than four all of whom may be from the same political party. The make-up makeup of the committee shall, to the extent feasible, shall reflect the diversity of the population of the district. Not more than two members shall not be attorneys and members shall not hold any governmental office, elective or appointive, for profit. The committee shall provide public notice that a vacancy exists and shall solicit, review and forward to the governor all applications along with the committee's recommendations for appointment. The governor shall appoint two persons from each supervisorial district who shall not be of the same political party, subject to confirmation by the senate in the manner prescribed by law. If names are not submitted to the governor within sixty days of a vacancy, the governor may appoint any person who otherwise meets the qualifications.
D. Not more than two of the members who are appointed pursuant to subsection B, paragraphs 3 and 4 shall be attorneys who have been admitted to the practice of law in this state for not less than five years and who are in good standing with the state bar. Not more than one of these members shall be a retired judge.
D. E. In making or confirming appointments to trial court commissions, the governor, the senate and the state bar shall endeavor to see that the commission reflects the diversity of the county's population.
E. Members of the commission shall serve staggered four year terms, except that initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor as follows:
1. One appointment for a nonattorney member shall be for a one-year term.
2. Two appointments for nonattorney members shall be for a two-year term.
3. Two appointments for nonattorney members shall be for a three-year term.
4. One appointment for an attorney member shall be for a one-year term.
5. One appointment for an attorney member shall be for a two-year term.
F. The terms of members who are nominated pursuant to subsection B, paragraph 2 expire on the first Monday in January of 2015 and every four years thereafter. The terms of members who are nominated pursuant to subsection B, paragraphs 3 and 4 expire on January 1, 2013 and every two years thereafter.
F. G. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments, except that if a vacancy occurs in a position that is subject to nomination by the state bar, the state bar shall send at least three names to the governor to allow the governor to make the replacement appointment consistent with the requirements of this section.
G. H. Attorney members of the commission shall have resided in this state, and shall have been admitted to practice in this state by the supreme court for at least five years, shall be in good standing with the state bar and shall have resided in the supervisorial district from which they are appointed for at least one year. Nonattorney members shall have resided in this state for at least five years, and shall have resided in the supervisorial district for at least one year before being nominated and shall not be judges, retired judges nor admitted to practice before the supreme court. None of the attorney or nonattorney members of the commission shall hold any governmental office, elective or appointive, for profit and no attorney member is eligible for appointment to any judicial office of this state until one year after membership in the commission terminates.
H. I. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission.
I. J. The commission shall submit the names of not less than three individuals seven persons for nomination for the office of the superior court judge pursuant to section 37 of this article.
J. K. Prior to Before making recommendations to the governor, the commission shall conduct investigations, hold public hearings and take public testimony. An executive session as prescribed by rule may be held upon a two-thirds vote of the members of the commission in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective manner. The commission shall consider the diversity of the county's population and the geographical distribution of the residences of the judges throughout the county, however, the primary consideration shall be merit. Voting shall be in a public hearing. The expenses of meetings of the commission and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state as state officers are paid, upon claims approved by the chairman.
K. L. After public hearings the supreme court shall adopt rules of procedure for the commission on trial court appointments. If the commission on appellate court appointments and the commission on trial court appointments propose by a majority vote of each commission to amend the rules, the supreme court shall adopt the amendments if the amendments are lawful.
L. The members of the commission who were appointed pursuant to section 36 of this article prior to the effective date of this section may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section.
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.
