Bill Text: AZ SCR1034 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Judicial elections
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-13 - Referred to Senate RULES Committee [SCR1034 Detail]
Download: Arizona-2012-SCR1034-Introduced.html
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REFERENCE TITLE: judicial elections |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SCR 1034 |
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Introduced by Senator Shooter
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A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona; amending article VI, sections 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 Senate of the State of Arizona, the House of Representatives concurring:
1. Article VI, sections 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:
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 partisan elections. Justices of the supreme court shall hold office for a regular term of six 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 with partisan or other designation and the court and the title of the office.
B. The governor shall fill any vacancy in office 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 justice shall be elected to serve for the remainder of the unexpired term.
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 with partisan or other designation except and the division and title of the office.
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, 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.
2. 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.
3. 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.
4. 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.
5. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
