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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
court of appeals; retention election
Purpose
Requires judges of the Arizona Court of Appeals to be elected for retention on a statewide basis, rather than a county basis, at the general election next preceding the expiration of the judge's term in office.
Background
The Arizona Court of Appeals is comprised of two divisions. Division 1 has 19 judges and serves Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache counties. Division 2 has 9 judges and serves Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham and Gila counties (A.R.S. § 12-120). Court of Appeals judges are appointed by the Governor to serve their initial terms, and then are subject to retention elections every six years (A.R.S. § 12-120.01).
Of the 19 Division 1 judges, 10 judges must be residents of and elected for retention from Maricopa county, 5 judges must be residents of the remaining counties in Division 1 and elected for retention by the voters of the counties of Division 1 except for Maricopa county, and 4 of the judges must be at-large judges and can be residents of any county in Division 1. Of the 9 Division 2 judges, 4 judges must be residents of and elected for retention from Pima county, 2 judges must be residents of the remaining counties in Division 2 and elected for retention by the voters of the counties of Division 2 except for Pima county, and 3 of the judges must be at-large judges and can be residents of any county in Division 2. The retention election for an at-large judge depends on their county of residence (A.R.S. § 12-120.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires judges of the Arizona Court of Appeals to be elected for retention on a statewide basis, rather than a county basis, at the general election next preceding the expiration of the judge's term in office.
2. Specifies that all otherwise eligible registered voters in Arizona are eligible to vote in statewide judge retention races.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes a technical correction.
Governor's Veto Message
The Governor indicates in her veto message that allowing voters statewide to vote whether to retain all Court of Appeals judges regardless of the judge's Division assignment, while retaining the Division structure, would unfairly dilute the votes of those Arizonans most directly impacted by each Division's judges.
House Action Senate Action
JUD 2/15/23 DP 5-3-0-0 JUD 3/23/23 DPA 6-1-0
3rd Read 2/28/23 31-28-1 3rd Read 4/5/23 16-14-0
Final Read 5/15/23 31-27-1-0-1
Vetoed by the Governor 5/19/23
Prepared by Senate Research
May 30, 2023
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