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REFERENCE TITLE: judicial retention; senate vote |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SCR 1048 |
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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 38 and 39, 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 38 and 39, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
38. Declaration of desire for reappointment; failure to file declaration
Section 38. A. 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,
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 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
or any amendment to this section,
shall file in the office of the clerk of the board
of supervisors of the county in which he regularly sits and resides secretary of the senate, not
less than sixty nor more than ninety days prior to
the regular general election next preceding before the expiration of his the
justice's or judge's term of office, a declaration of his the
justice's or judge's 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 The senate shall vote on the retention 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. A justice or judge shall be retained in office unless two-thirds of the members of the senate reject the retention of the justice or judge.
E. C. 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.
39. Retirement of justices and judges; vacancies
Section 39. 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,
his failure to file a declaration of
his desire to be retained in office
or his failure to be retained in
office.
This section is alternative to and cumulative with the methods of removal of judges and justices provided in parts 1 and 2 of article 8 and article 6.1 of this Constitution.
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.