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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
judicial retention elections
Purpose
Subject to voter approval, retroactive to November 1, 2024, constitutionally replaces term limits for Arizona Supreme Court justices, intermediate appellate court and superior court judges with terms of good behavior and outlines conditions that require a vote of retention for a justice or judge. Requires an intermediate appellate court judge who is subject to a vote of retention to be elected on a statewide basis.
Background
The regular term of a justice of the Arizona Supreme Court (Supreme Court) is six years and the regular term of a judge of the superior court in a county with a population of more than 250,000 persons is four years. Between 60 and 90 days before the regular general election preceding the end of a justice or judge's term, the justice or judge must file a declaration of desire to be retained in office with the Secretary of State (SOS) or the appropriate county board of supervisors for counties with a population of fewer than 250,000 persons. The name of any justice or judge whose declaration is filed as outlined must be placed on the appropriate official ballot at the next regular general election. A judicial vacancy occurs on the expiration of a justice or judge's term if the justice or judge does not file a declaration of desire to remain in office or upon retirement, resignation or death of the justice or judge (Ariz. Const. art.6).
The Supreme Court must adopt and administer a process, established by court rules, for evaluating judicial performance for all justices and judges who file a declaration to be retained in office. The rules must include written performance standards and performance reviews which survey opinions of persons who have knowledge of the justice's or judge's performance. The Arizona Commission on Judicial Performance Review (Commission on JPR) is responsible for developing performance standards and thresholds, and conducting performance reviews of justices and judges who are merit selected and subject to retention elections. The public must be afforded a full and fair opportunity for participation in the evaluation process through public hearings, dissemination of evaluation reports to voters and any other methods as the court deems advisable. On recommendation of the Arizona Commission on Judicial Conduct, or on its own motion, the Supreme Court may suspend a judge from office without salary if the judge pleads guilty or no contest or is found guilty of a crime punishable as a felony in Arizona or under federal law, or of any other crime that involves moral turpitude. If the conviction is reversed the suspension terminates. If the conviction becomes final, the Supreme Court must remove the judge from office (Ariz. Const. art.6 § 42; Ariz. Const. art.6.1 § 3; JPR).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows Supreme Court justices to hold office during good behavior, rather than for a regular term of six years.
2. Allows intermediate appellate court judges to hold office during good behavior, rather than for a regular term of six years.
3. Allows superior court judges in counties with a population of at least 250,000 persons to hold office during good behavior, rather than for a regular term of four years.
4. Specifies that good behavior is exclusively determined as prescribed by the Arizona Constitution articles governing the Judicial Department, the Commission on Judicial Conduct and removal from office.
5. Subjects a justice of the Supreme Court, judge of an intermediate appellate court or judge of a superior court to a vote of retention based on:
a) a final conviction of a felony offense, if not otherwise removed as prescribed by articles and sections of the Arizona Constitution relating to the Commission on Judicial Conduct;
b) a final conviction of any crime involving fraud or dishonesty, if not otherwise removed as prescribed by articles and sections of the Arizona Constitution relating to the Commission on Judicial Conduct;
c) an initiation of personal bankruptcy proceedings in which the justice or judge is a debtor;
d) a foreclosure of any mortgage for which the justice or judge is a mortgagor; or
e) a determination by a majority of all members of the Commission on JPR that the justice or judge does not meet judicial performance standards.
6. Requires an intermediate appellate court judge who is subject to a vote of retention to be elected on a statewide basis by all eligible registered voters within Arizona.
7. Requires a justice or judge, who is subject to a retention vote, to file a declaration to be retained with the appropriate office as outlined.
8. Requires the declaration to be submitted between 60 and 90 days before the regular general election that occurs after the event subjecting the justice or judge to a vote of retention.
9. Specifies that, if the event that subjects the justice or judge to voter retention occurs less than 120 days before the general election, then the declaration must be submitted between 60 and 90 days before the next regular general election.
10. Requires the Supreme Court to establish a commission and process by court rules relating to the evaluation of judicial performance for:
a) superior court judges in counties with populations of 250,000 persons or more;
b) superior court judges in counties with populations less than 250,000 persons if the county elects its judges for retention in the same manner as prescribed for counties over the 250,000 person population threshold;
c) intermediate appellate court judges; and
d) justices of the Supreme Court.
11. Requires the Chief Justice of the Supreme Court (Chief Justice) to determine if a justice or judge is subject to retention, unless an event requires the Chief Justice to be subject to a vote of retention, then the determination must be made by the Vice Chief Justice.
12. Requires a majority of the House of Representatives and the Senate to each appoint one member to the Commission on JPR.
13. Requires the Commission on JPR, upon written request of a legislator, to investigate an allegation that a justice or judge has engaged in a pattern of malfeasance in office.
14. Requires the Commission on JPR to make a determination that a justice or judge does not meet judicial performance standards, if the Commission on JPR finds that the justice or judge engaged in a pattern of malfeasance in office.
15. Requires the Chief Justice, within 120 days before a general election, to provide the SOS with a list of all justices or judges who are subject to a vote of retention.
16. Determines that, if the majority of voters vote no on a retention question, a vacancy in judicial office exists on January 1 of the year following the general election.
17. Requires the Supreme Court rules regarding judicial performance evaluations to specify that each justice or judge must be evaluated at least every four years.
18. Prohibits the returns of any votes of retention or rejection from being included in the November 5, 2024, general election official canvass and the issuance of any certificate of retention or rejection.
19. Contains a statement of legislative findings.
20. Designates this legislation as the Judicial Accountability Act of 2024.
21. Makes technical and conforming changes.
22. Becomes effective if approved by the voters and on proclamation of the Governor, retroactive to November 1, 2024.
Amendments Adopted by Committee
1. Adds the requirement that an intermediate appellate court judge be elected on a statewide basis if subject to a vote of retention.
2. Modifies the list of conditions that subject a justice or judge to a vote of retention.
Amendments Adopted by Committee of the Whole
1. Adds that an intermediate appellate court judge must hold office during good behavior rather than a regular term.
2. Modifies the applicability of the Supreme Court evaluation of judicial performance.
Amendments Adopted by the House of Representatives
1. Specifies that good behavior of a judge or justice is determined as prescribed by the Arizona Constitution articles relating to the Commission on Judicial Conduct and removal from office, in addition to the article regarding the Judicial Department.
2. Adds that the Supreme Court Rules related to the judicial performance evaluation of superior court judges also applies to Supreme Court justices and intermediate appellate court judges.
3. Requires a determination that a justice or judge does not meet judicial performance standards to be made by a majority of all members of the Commission on JPR for the justice or judge to be subject to a vote of retention based on this occurrence.
4. Prescribes requirements relating to the Commission on JPR.
5. Adds a statement of legislative findings.
6. Designates this legislation as the Judicial Accountability Act of 2024.
Senate Action House Action
ELEC 2/15/24 DPA 4-3-1 MOE 3/20/24 DPA 5-4-0-0
3rd Read 3/6/24 16-14-0 3rd Read 6/12/24 31-29-0
Prepared by Senate Research
June 12, 2024
AN/KS/cs