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REFERENCE TITLE: commission on appellate court appointments |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SCR 1041 |
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Introduced by Senator Quezada
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of Arizona; amending article VI, section 36, constitution of Arizona; relating to the commission on appellate court appointments.
(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, section 36, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
36. Commission on appellate court appointments and terms, appointments and vacancies on commission
Section 36. A. There shall be a nonpartisan commission on appellate court appointments which shall be composed of the chief justice of the supreme court, who shall be chairman, five attorney members, who shall be nominated by the board of governors of the state bar of Arizona and appointed by either the governor or the chief justice in alternating turns with the advice and consent of the senate in the manner prescribed by law, and ten nonattorney members who shall be appointed by the governor, the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate and the minority leader of the senate in alternating turns with the advice and consent of the senate in the manner prescribed by law. At least ninety days prior to before a term expiring or within twenty-one days of after a vacancy occurring for a nonattorney member on the commission for appellate court appointments, the governor shall appoint a nominating committee of nine members, not more than five of whom may be from the same political party. The makeup of the committee shall, to the extent feasible, shall reflect the diversity of the population of the this state. Members shall not be attorneys and shall not hold any governmental office, elective or appointive, for profit. The committee shall provide public notice that a vacancy exists and shall solicit, review and forward to the governor appointing entity all applications along with the committee's recommendations for appointment. If a vacancy occurs during a member's term, the entity that appointed that member shall appoint the replacement member regardless of the entity that is next in line to appoint a member.
B. Attorney members of the commission shall have resided in the this state and shall have been admitted to practice before the supreme court for not less than five years. Not more than three attorney members shall be members of the same political party and not more than two attorney members shall be residents of any one county. Nonattorney members shall have resided in the this state for not less than five years and shall not be judges, retired judges or admitted to practice before the supreme court. Not more than five nonattorney members shall be members of the same political party. Not more than two nonattorney members shall be residents of any one county. None of The attorney or nonattorney members of the commission shall may not be an officer with a political party or registered as a lobbyist or hold any governmental office, elective or appointive, for profit, and no an attorney member shall be is not eligible for appointment to any judicial office of the this state until one year after he the attorney member ceases to be a member. Attorney members of the commission shall serve staggered four‑year terms and nonattorney members shall serve staggered four-year terms. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments.
B. C. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission.
C. D. In making or confirming appointments to the appellate court commission, the governor, the chief justice, the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, the minority leader of the senate, the senate and the state bar shall endeavor to see ensure that the commission reflects the diversity of Arizona's this state's population.
E. In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof of the supreme court to serve in his the chairman's place and stead.
D. F. Prior to Before making recommendations to the governor as hereinafter provided appointing entity, the commission shall conduct investigations, hold public hearings and take public testimony. An executive session as prescribed by rule may be held upon a two-thirds vote of the members of the commission in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective manner. The commission shall consider the diversity of the this state's population, however the primary consideration shall be merit. Voting shall be in a public hearing. The expenses of meetings of the commission and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state general fund as state officers are paid, upon on claims approved by the chairman.
E. G. After public hearings the supreme court shall adopt rules of procedure for the commission on appellate court appointments.
F. Notwithstanding the provisions of subsection A, the initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor for staggered terms as follows:
1. One appointment for a nonattorney member shall be for a one-year term.
2. Two appointments for nonattorney members shall be for a two-year term.
3. Two appointments for nonattorney members shall be for a three-year term.
4. One appointment for an attorney member shall be for a one-year term.
5. One appointments for an attorney member shall be for a two-year term.
G. H. The members currently serving on the commission on the effective date of this amendment to this section may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section.
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.