Bill Text: AZ HCR2006 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced

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Bill Title: Judicial rulings; opinions; substantive law

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-13 - Assigned to House RULES Committee [HCR2006 Detail]

Download: Arizona-2019-HCR2006-Introduced.html

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REFERENCE TITLE: judicial rulings; opinions; substantive law

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

HCR 2006

 

Introduced by

Representative Fillmore

 

 

A CONCURRENT RESOLUTION

 

proposing an amendment to the constitution of arizona; amending article vi, section 5, constitution of arizona; relating to the supreme court.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  Article VI, section 5, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE5.  Supreme court; jurisdiction; writs; rules; habeas corpus

Section 5.  A.  The supreme court shall have:

1.  Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers.

2.  Original and exclusive jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another.

3.  Appellate jurisdiction in all actions and proceedings except civil and criminal actions originating in courts not of record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance.

4.  Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.

5.  Power to make rules relative to all procedural and evidentiary matters in any court, subject to amendment or repeal by the legislature or the people by initiative or referendum.

6.  Such other jurisdiction as may be provided by law.

B.  Each justice of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the supreme court, appellate court or superior court, or judge thereof.

C.  The supreme court may not infringe on the authority of the legislature or the people to enact otherwise constitutional substantive, procedural and evidentiary laws or to carry out any other matter under the constitution.  The authority to enact substantive, procedural and evidentiary laws is not a power inherent in the judiciary but is a legislative power inherent in the legislature and the people. 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.