Article 6 Section 35 - Continuance in office; continued existence of offices; application of prior statute and rules
35. Continuance in office; continued existence of
offices; application of prior statute and rules
Section 35. A. All justices, judges, justices of the peace and
officers of any court who are holding office as such by election or
appointment at the time of the adoption of this section shall serve or
continue in office for the respective terms for which they are so elected or
for their respective unexpired terms, and until their successors are elected
or appointed and qualify or they are retained in office pursuant to section 38
of this article; provided, however, that any justice or judge elected at the
general election at which this section is adopted shall serve for the term for
which he is so elected. The continued existence of any office heretofore
legally established or held shall not be abolished or repealed by the adoption
of this article. The statutes and rules relating to the authority,
jurisdiction, practice and procedure of courts, judicial officers and offices
in force at the time of the adoption of this article and not inconsistent
herewith, shall, so far as applicable, apply to and govern such courts,
judicial officers and offices until amended or repealed.
B. All judges of the superior court holding office by appointment or
retention in counties with a population of two hundred fifty thousand persons
or more according to the most recent United States census at the time of the
adoption of this amendment to this section shall serve or continue in office
for the respective terms for which they were appointed. Upon an incumbent
vacating the office of judge of the superior court, whether by failing to file
a declaration for retention, by rejection by the qualified electors of the
county or resignation, the appointment shall be pursuant to section 37 of this
article.