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REFERENCE TITLE: state courts; jurisdiction |
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State of Arizona Senate Forty-eighth Legislature First Regular Session 2007
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SCR 1026 |
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Introduced by Senator Johnson
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A CONCURRENT RESOLUTION
proposing amendments to the constitution of arizona; amending article VI, sections 5, 14, 16 and 32, constitution of arizona; relating to the judicial department.
(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, sections 5, 14, 16 and 32, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
5. Supreme court; jurisdiction; writs; rules; habeas corpus
Section 5. A. The supreme court shall have:
1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers.
2. Original and exclusive jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another.
3. Appellate jurisdiction in all actions and proceedings except civil and criminal actions originating in courts not of record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance.
4. Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.
5. Power to make rules relative to all procedural matters in any court.
6. Such other jurisdiction as may be provided by law.
B. Each justice of the supreme court may issue writs of habeas corpus to any part of the state upon on petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the supreme court, appellate court or superior court, or judge thereof.
C. The supreme court shall not have jurisdiction to review by appeal, writ of certiorari or otherwise any matter to the extent that relief is sought against the Federal, the state or a local government or against an officer or agent of the federal, the state or a local government, whether or not the officer or agent is acting in his official or personal capacity, concerning the government's or the officer's or agent's acknowledgement of God as the sovereign source of law, liberty or government.
14. Superior court; original jurisdiction
Section 14. A. The superior court shall have original jurisdiction of:
1. Cases and proceedings in which exclusive jurisdiction is not vested by law in another court.
2. Cases of equity and at law which involve the title to or possession of real property, or the legality of any tax, impost, assessment, toll or municipal ordinance.
3. Other cases in which the demand or value of property in controversy amounts to one thousand dollars or more, exclusive of interest and costs.
4. Criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for by law.
5. Actions of forcible entry and detainer.
6. Proceedings in insolvency.
7. Actions to prevent or abate nuisance.
8. Matters of probate.
9. Divorce and for annulment of marriage.
10. Naturalization and the issuance of papers therefor.
11. Special cases and proceedings not otherwise provided for, and such other jurisdiction as may be provided by law.
B. The superior court shall not have original jurisdiction to hear any matter to the extent that relief is sought against the Federal, the state or a local government or against an officer or agent of the federal, the state or a local government, whether or not the officer or agent is acting in his official or personal capacity, concerning the government's or the officer's or agent's acknowledgement of God as the sovereign source of law, liberty or government.
16. Superior court; appellate jurisdiction
Section 16. A. The superior court shall have appellate jurisdiction in cases arising in justice and other courts inferior to the superior court as may be provided by law.
B. The superior court shall not have jurisdiction to review by appeal or otherwise any matter to the extent that relief is sought against of the Federal, the state or a local government or against an officer or agent of the federal, the state or a local government, whether or not the officer or agent is acting in his official or personal capacity, concerning the government's or the officer's or agent's acknowledgement of God as the sovereign source of law, liberty or government.
32. Justices of the peace and inferior courts; jurisdiction, powers and duties; terms of office; salaries
Section 32. A. The number of justices of the peace to be elected in precincts shall be as provided by law. Justices of the peace may be police justices of incorporated cities and towns.
B. The jurisdiction, powers and duties of courts inferior to the superior court and of justice courts, and the terms of office of judges of such courts and justices of the peace, shall be as provided by law. The legislature may classify counties and precincts for the purpose of fixing salaries of judges of courts inferior to the superior court and of justices of the peace.
C. The civil jurisdiction of courts inferior to the superior court and of justice courts shall not exceed the sum of ten thousand dollars, exclusive of interest and costs. Criminal jurisdiction shall be limited to misdemeanors. The jurisdiction of such courts shall not encroach upon the jurisdiction of courts of record but may be made concurrent therewith, subject to the limitations provided in this section.
D. Courts inferior to the superior court and of justice courts shall not have original jurisdiction or jurisdiction to review by appeal or otherwise any matter to the extent that relief is sought against the Federal, the state or a local government or against an officer or agent of the federal, the state or a local government, whether or not the officer or agent is acting in his official or personal capacity, concerning the government's or the officer's or agent's acknowledgement of God as the sovereign source of law, liberty or government.
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.