SCR1037 - 492R

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

1. Article VI, sections 11, 12, 30, 35, 37 and 38, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE11. Superior court; presiding judges; duties

Section 11. A. There shall be in each county a presiding judge of the superior court.

B. In each county in which there are two or more judges, the supreme court shall appoint one of such judges presiding judge shall be elected by the qualified electors of the county to serve a term of four years.

C. Presiding judges shall exercise administrative supervision over the superior court and judges thereof in their counties, and shall have such other duties as may be provided by law or by rules of the supreme court. END_STATUTE

START_STATUTE12. Superior court; term of office; vacancies and appointments

Section 12. A. Judges of the superior court in counties having with a population of less than two hundred fifty thousand persons according to the most recent United States decennial 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. In any county with two or more superior court judges, the office of presiding judge shall be separately designated and shall be elected separately from other superior court judges.

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.

C. 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.

START_STATUTE30. 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 the chief justice and for the presiding judge in every superior court in which there are two or more judges and 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. END_STATUTE

START_STATUTE35. 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 the process for appointing or electing judges or justices 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 or an amendment to the process of electing or appointing judges 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. END_STATUTE

START_STATUTE37. 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 of the supreme court other than the chief justice or A judge of any court of record, other than the presiding judge of the superior court and 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 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.

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 and except for the office of presiding judge in any superior court, 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 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. 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 of the supreme court or a judge of such courts of record, other than the chief justice and the presiding judges, shall be filled by appointment by the governor without regard to political affiliation from one of the nominees whose names shall be are submitted to him the governor as hereinabove provided. 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 the nominees to fill such 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 appoint one of the nominees on the basis of merit alone without regard to political affiliation one of such nominees to fill such vacancy. If such the commission does not submit, within sixty days after such vacancy occurs, submit the names of nominees as hereinabove provided pursuant to subsection A, the governor shall have the power to appoint any qualified person to fill such vacancy at any time thereafter prior to before the time the names of the nominees to fill such vacancy are submitted to the governor as hereinabove provided pursuant to subsection A. 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 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.

E. A vacancy in the office of chief justice or superior court presiding judge shall be filled as otherwise provided by law. END_STATUTE

START_STATUTE38. 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 other than the chief justice 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 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 United States census, other than the presiding judge of the superior court 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 before 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 appellate court 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 the incumbent 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 the justice's or judge's office shall become vacant upon expiration of the term for which such justice or judge was serving.

F. Candidates for the elected office of chief justice or presiding judge of the superior court shall comply with nominating and election practices as otherwise provided by law. END_STATUTE

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided in article XXI, Constitution of Arizona.