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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
ballot measures; judges; odd-numbered years
Purpose
Subject to voter
approval, constitutionally requires any initiative, referendum or measure
referred to the people to appear on the official ballot for the November
election in the next
odd-numbered year, rather than the next general election, and that all superior
court judges be elected in odd-numbered years, rather than at the general
election. Repeals the process by which names are submitted to the Governor by
the Commission on Trial Court Appointments and the Commission on Appellate
Court Appointments for appointment to fill a vacancy in the office of justice
or judge.
Background
When any initiative or referendum petition or any measure referred to the people by the Legislature is filed with the Secretary of State (SOS), the SOS must ensure that the title and number of the measure is printed on the official ballot at the next regular general election together with the words yes and no in such manner that the electors may express at the polls their approval or disapproval of the measure (Ariz. Const. art 4. pt. 1 § 1).
Judges of the superior court in counties with a population of fewer than 250,000 persons, according to the most recent U.S. Census, must be elected at the general election by the qualified electors of the judge's county. Once elected, the judge holds office for a regular term of four years, starting the first Monday in January after the judge's election and until the judge's successor is elected and qualified. In counties with a population of more than 250,000 persons, there must be a Commission on Trial Court Appointments. Within 60 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, the Commission on Trial Court Appointments for the county in which the vacancy occurs must submit at least three names nominated by the Commission on Trial Court Appointments to the Governor for appointment to fill the vacancy. Counties having a population of fewer than 250,000 persons may choose to select superior court judges in the same manner as prescribed for counties with a population of more than 250,000 persons. Within 60 days of a vacancy in the office of a justice or judge of the Arizona Supreme Court or an intermediate appellate court, the Commission on Appellate Court Appointments must submit at least three names nominated by the Commission on Appellate Court Appointments to the Governor for appointment to fill the vacancy. The Governor must fill a vacancy by appointment without regard to political affiliation from one of the nominees whose names were submitted by the applicable commission (Ariz. Const. art. 6).
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. The Arizona 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 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 (Ariz. Const. art.6 §§ 38 and 42).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires any initiative or referendum petition or any measure referred to the people by the Legislature to be printed on the official ballot for the November election in the next odd-numbered year, rather than the next general election.
2. Requires all judges of the superior court, regardless of county population size, to be elected at the November election in odd-numbered years, rather than at the general election.
3. Stipulates that a justice or judge who files a nomination paper for any elective office, except for a judge of the superior court or court of record inferior to the superior court, regardless of county population size, forfeits the justice or judge's judicial office.
4. Repeals the Commission on Appellate Court Appointments and the Commission on Trial Court Appointments.
5. Repeals the process by which the:
a) Commission on Appellate Court Appointments and the Commission on Trial Court appointments sends nominations to the Governor for appointments to a vacancy in the office of justice or judge; and
b) Governor appoints a nominee to fill a vacancy in the office of justice or judge.
6. Repeals the ability of counties with a population of fewer than 250,000 persons to choose to select the county's superior court judges through the Commission on Trial Court Appointments in the same manner as prescribed for counties with a population of more than 250,000 persons.
7. Removes the retention evaluation process and the process by which a justice or judge must file a declaration of the justice or judge's desire to be retained in office.
8. Makes technical and conforming changes.
9. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 17, 2025
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