Bill Text: AZ HCR2028 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Election of judges; terms
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-03-02 - House Committee of the Whole action: Retained on the Calendar [HCR2028 Detail]
Download: Arizona-2016-HCR2028-Introduced.html
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REFERENCE TITLE: election of judges; terms |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HCR 2028 |
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Introduced by Representatives Finchem: Cobb, Mitchell, Thorpe, Townsend
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A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona; amending article IV, part 2, section 1, Constitution of Arizona; amending article VI, sections 3, 4, 12, 28, 30 and 35, Constitution of Arizona; repealing article VI, sections 36, 37 and 38, Constitution of Arizona; amending article VI, section 39, Constitution of Arizona; repealing article VI, sections 40, 41 and 42, Constitution of Arizona; relating to the judicial department.
(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 IV, part 2, section 1, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
1. Senate; house of representatives; members; special session on petition of members; congressional and legislative boundaries; citizen commissions
Section 1. (1) A. The senate shall be composed of one member elected from each of the thirty legislative districts established pursuant to this section.
B. The house of representatives shall be composed of two members elected from each of the thirty legislative districts established pursuant to this section.
(2) C. Upon On the presentation to the governor of a petition bearing the signatures of not less than two-thirds of the members of each house, requesting a special session of the legislature and designating the date of convening, the governor shall promptly call a special session to assemble on the date specified. At a special session so called the subjects which may be considered by the legislature shall not be limited.
(3) D. By February 28 of each year that ends in one, an independent redistricting commission shall be established to provide for the redistricting of congressional and state legislative districts. The independent redistricting commission shall consist of five members. No more than two members of the independent redistricting commission shall be members of the same political party. Of the first four members appointed, no more than two shall reside in the same county. Each member shall be a registered Arizona voter who has been continuously registered with the same political party or registered as unaffiliated with a political party for three or more years immediately preceding appointment, and who is committed to applying the provisions of this section in an honest, independent and impartial fashion and to upholding public confidence in the integrity of the redistricting process. Within the three years previous to appointment, members shall not have been appointed to, elected to, or a candidate for any other public office, including precinct committeeman or committeewoman but not including school board member or officer, and shall not have served as an officer of a political party, or served as a registered paid lobbyist or as an officer of a candidate's campaign committee.
(4) E. The commission on appellate court appointments legislature by joint resolution shall nominate candidates for appointment to the independent redistricting commission, except that, if a politically balanced commission exists whose members are nominated by the commission on appellate court appointments legislature and whose regular duties relate to the elective process, the commission on appellate court appointments legislature by joint resolution may delegate to such existing commission (hereinafter called the commission on appellate court appointments' legislature's designee) the duty of nominating members for the independent redistricting commission, and all other duties assigned to the commission on appellate court appointments legislature in this section.
(5) F. By January 8 of years ending in one, the commission on appellate court appointments legislature or its the legislature's designee shall establish a pool of persons who are willing to serve on and are qualified for appointment to the independent redistricting commission. The pool of candidates shall consist of twenty‑five nominees, with ten nominees from each of the two largest political parties in Arizona based on party registration, and five who are not registered with either of the two largest political parties in Arizona.
(6) G. Appointments to the independent redistricting commission shall be made in the order set forth below. No later than January 31 of years ending in one, the highest ranking officer elected by the Arizona house of representatives shall make one appointment to the independent redistricting commission from the pool of nominees, followed by one appointment from the pool made in turn by each of the following: the minority party leader of the Arizona house of representatives, the highest ranking officer elected by the Arizona senate, and the minority party leader of the Arizona senate. Each such official shall have a seven-day period in which to make an appointment. Any official who fails to make an appointment within the specified time period will forfeit the appointment privilege. In the event that there are two or more minority parties within the house or the senate, the leader of the largest minority party by statewide party registration shall make the appointment.
(7) H. Any vacancy in the above four independent redistricting commission positions remaining as of March 1 of a year ending in one shall be filled from the pool of nominees by the commission on appellate court appointments legislature by joint resolution or its the legislature's designee. The appointing body shall strive for political balance and fairness.
(8) I. At a meeting called by the secretary of state, the four independent redistricting commission members shall select by majority vote from the nomination pool a fifth member who shall not be registered with any party already represented on the independent redistricting commission and who shall serve as chair. If the four commissioners fail to appoint a fifth member within fifteen days, the commission on appellate court appointments legislature or its the legislature's designee, striving for political balance and fairness, shall appoint a fifth member from the nomination pool, who shall serve as chair.
(9) J. The five commissioners shall then select by majority vote one of their members to serve as vice-chair.
(10) K. After having been served written notice and provided with an opportunity for a response, a member of the independent redistricting commission may be removed by the governor, with the concurrence of two-thirds of the senate, for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office.
(11) L. If a commissioner or chair does not complete the term of office for any reason, the commission on appellate court appointments legislature or its the legislature's designee shall nominate a pool of three candidates within the first thirty days after the vacancy occurs. The nominees shall be of the same political party or status as was the member who vacated the office at the time of his or her appointment, and the appointment other than the chair shall be made by the current holder of the office designated to make the original appointment. The appointment of a new chair shall be made by the remaining commissioners. If the appointment of a replacement commissioner or chair is not made within fourteen days following the presentation of the nominees, the commission on appellate court appointments legislature or its the legislature's designee shall make the appointment, striving for political balance and fairness. The newly appointed commissioner shall serve out the remainder of the original term.
(12) M. Three commissioners, including the chair or vice‑chair, constitute a quorum. Three or more affirmative votes are required for any official action. Where a quorum is present, the independent redistricting commission shall conduct business in meetings open to the public, with 48 forty-eight or more hours public notice provided.
(13) N. A commissioner, during the commissioner's term of office and for three years thereafter, shall be ineligible for Arizona public office or for registration as a paid lobbyist.
(14) O. The independent redistricting commission shall establish congressional and legislative districts. The commencement of the mapping process for both the congressional and legislative districts shall be the creation of districts of equal population in a grid-like pattern across the state. Adjustments to the grid shall then be made as necessary to accommodate the goals as set forth below:
A. 1. Districts shall comply with the United States Constitution and the United States voting rights act. ;
B. 2. Congressional districts shall have equal population to the extent practicable, and state legislative districts shall have equal population to the extent practicable. ;
C. 3. Districts shall be geographically compact and contiguous to the extent practicable. ;
D. 4. District boundaries shall respect communities of interest to the extent practicable. ;
E. 5. To the extent practicable, district lines shall use visible geographic features, city, town and county boundaries, and undivided census tracts. ;
F. 6. To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.
(15) P. Party registration and voting history data shall be excluded from the initial phase of the mapping process but may be used to test maps for compliance with the above goals. The places of residence of incumbents or candidates shall not be identified or considered.
(16) Q. The independent redistricting commission shall advertise a draft map of congressional districts and a draft map of legislative districts to the public for comment, which comment shall be taken for at least thirty days. Either or both bodies of the legislature may act within this period to make recommendations to the independent redistricting commission by memorial or by minority report, which recommendations shall be considered by the independent redistricting commission. The independent redistricting commission shall then establish final district boundaries.
(17) R. The provisions regarding this section are self‑executing. The independent redistricting commission shall certify to the secretary of state the establishment of congressional and legislative districts.
(18) S. Upon On approval of this amendment, the department of administration or its successor shall make adequate office space available for the independent redistricting commission. The state treasurer of the state shall make $6,000,000 available for the work of the independent redistricting commission pursuant to the year 2000 census. Unused monies shall be returned to the state's state general fund. In years ending in eight or nine after the year 2001, the department of administration or its successor shall submit to the legislature a recommendation for an appropriation for adequate redistricting expenses and shall make available adequate office space for the operation of the independent redistricting commission. The legislature shall make the necessary appropriations by a majority vote.
(19) T. The independent redistricting commission, with fiscal oversight from the department of administration or its successor, shall have procurement and contracting authority and may hire staff and consultants for the purposes of this section, including legal representation.
(20) U. The independent redistricting commission shall have standing in legal actions regarding the redistricting plan and the adequacy of resources provided for the operation of the independent redistricting commission. The independent redistricting commission shall have sole authority to determine whether the Arizona attorney general or counsel hired or selected by the independent redistricting commission shall represent the people of Arizona in the legal defense of a redistricting plan.
(21) V. Members of the independent redistricting commission are eligible for reimbursement of expenses pursuant to law, and a member's residence is deemed to be the member's post of duty for purposes of reimbursement of expenses.
(22) W. Employees of the department of administration or its successor shall not influence or attempt to influence the district-mapping decisions of the independent redistricting commission.
(23) X. Each commissioner's duties established by this section expire upon on the appointment of the first member of the next redistricting commission. The independent redistricting commission shall not meet or incur expenses after the redistricting plan is completed, except if litigation or any government approval of the plan is pending, or to revise districts if required by court decisions or if the number of congressional or legislative districts is changed.
2. Article VI, sections 3, 4, 12, 28, 30 and 35, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
3. Supreme court; administrative supervision; chief justice
Section 3. A. The supreme court shall have administrative supervision over all the courts of the state. The chief justice shall be elected by the justices of the supreme court from one of their number for a term of five four years, and may be reelected for like terms. The vice chief justice shall be elected by the justices of the supreme court from one of their number for a term determined by the court. A member of the court may resign the office of chief justice or vice chief justice without resigning from the court.
B. The chief justice, or in his absence or incapacity, the vice chief justice, shall exercise the court's administrative supervision over all the courts of the state. He may assign judges of intermediate appellate courts, superior courts, or courts inferior to the superior court to serve in other courts or counties.
4. Supreme court; term of office; vacancies and appointments
Section 4. A. Justices of the supreme court shall be nominated and elected by the qualified electors of the state at large in the same manner as other nonpartisan elections. Justices of the supreme court shall hold office for a regular term of six four years except as provided by this article, 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 justice of the supreme court shall be placed on the regular ballot without partisan or other designation except the court and the title of the office. The election for justices of the supreme court shall only occur in years that do not have a presidential election.
B. The governor shall fill any vacancy in office by appointing a person to serve until the election and qualification of a successor.
12. Superior court; term of office; vacancies and appointments
Section 12. A. Judges of the superior court in counties having a population of less than two 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. 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. 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. The election for judges of the superior court shall only occur in years that have a presidential election.
B. The governor shall fill any vacancy in such counties 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.
Judges of the superior court in counties having a population of two 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.
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 hundred fifty thousand persons according to the most recent United States census reelection, 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 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 hundred fifty thousand persons or more according to the most recent United States census at the time of the adoption of this 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.
3. Article VI, sections 36, 37 and 38, Constitution of Arizona, are proposed to be repealed as follows if approved by the voters and on proclamation of the Governor:
Article VI, section 36, Constitution of Arizona, relating to the commission on appellate court appointments, is repealed.
Article VI, section 37, Constitution of Arizona, relating to judicial vacancies and appointments, is repealed.
Article VI, section 38, Constitution of Arizona, relating to the declaration of candidacy to be retained in office, is repealed.
4. Article VI, section 39, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
39. Retirement of justices and judges; vacancies
Section 39. A. On attaining the age of seventy years a justice or judge of a court of record shall retire and his 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 death or his voluntary retirement pursuant to statute or his voluntary resignation, and also, as provided in section 38 of this article, upon the expiration of his term next following a general election at which a majority of those voting on the question of his retention vote in the negative or for which general election he 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 6.1 and article 8, parts 1 and 2 of article 8 and article 6.1 of this Constitution.
5. Article VI, sections 40, 41 and 42, Constitution of Arizona, are proposed to be repealed as follows if approved by the voters and on proclamation of the Governor:
Article VI, section 40, Constitution of Arizona, relating to the option of certain counties in selecting judges, is repealed.
Article VI, section 41, Constitution of Arizona, relating to the commission on trial court appointments, is repealed.
Article VI, section 42, Constitution of Arizona, relating to retention evaluation of justices and judges, is repealed.
6. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
