ARIZONA STATE SENATE

RESEARCH STAFF

GARTH KAMP

LEGISLATIVE RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 926 -3171

Facsimile: (602) 926 -3833

TO:                  SENATOR RUSSELL PEARCE

DATE:                        April 15, 2011

SUBJECT:      House Changes to S.C.R. 1001 – technical correction; state school fund

(NOW: judicial selection; procedure)

_______________________________________________________________________________     

            As passed by the Senate, S.C.R. 1001 makes a technical correction to Article XI, § 8 of the Arizona Constitution related to the Permanent State School Fund.

            The House of Representatives adopted a strike everything amendment that does the following:

Purpose

            Subject to voter approval, constitutionally modifies judicial terms of office; judicial nominating commission procedures; establishes electronically accessible judicial information requirements and legislative judicial performance review hearings; and increases the judicial retirement age.

Background

            The Arizona Constitution was amended in 1974 to create a merit selection and retention system for judges.  Vacancies in the appellate court and in superior courts that exist in counties with a population greater than 250,000 are filled by nominating a prospective judge through a corresponding nominating commission.  There are three nominating commissions, which include the Commission on Appellate Court Appointments, the Maricopa County Commission on Trial Court Appointments and the Pima County Commission on Trial Court Appointments.  Each Commission has 16 members, 10 public and 5 attorneys, along with the Chief Justice of the Supreme Court.  Members of the commissions are appointed by the Governor and must receive Senate confirmation.

            In the event a vacancy appears in Superior Court in a county with a population greater than 250,000, or in the appellate court, the appropriate judicial nominating commission must submit at least three nominations to the Governor to fill the vacancy.  If the commission does not submit names within 60 days of the vacancy, the Governor may appoint any qualified person to fill the vacancy.  If the Governor does not make an appointment within 60 days of the names submitted by the nominating commission, the Chief Justice of the Supreme Court is authorized to appoint a person from the list of nominees. 

            There is no anticipated fiscal impact to the state General Fund.

Provisions

1. Increases, beginning on or after January 1, 2013, the term of office for Supreme Court justices and Appellate and superior court judges to eight years.

2. Increases the judicial retirement age from 70 to 75 years old.

3. Modifies the Appellate and Trial Court Commissions (Commissions) by making the following changes:

a) removes the requirement that attorney members be nominated by the Board of Governors of the Arizona State Bar;

b) establishes that four attorney members be appointed by the Governor and one member be appointed by the President of the State Bar;

c) requires, upon an attorney member vacancy, the Arizona bar to solicit, review and forward to the Governor all applications and recommendations for appointment;

d) increases the time period attorney members must be admitted to practice from 5 to 10 years; and

e) specifies that attorney members must be in good standing with the state bar, have no formal disciplinary complaints and have never been formally sanctioned as a result of disciplinary action.

4. Requires the Commissions to submit at least eight nominees, rather than three, to the Governor to fill a vacancy in the office of a justice or judge of the Supreme Court, Appellate Court or superior court.

5. Permits the Commissions to reject an applicant and submit less than eight nominees, unless the applicant receives a two-thirds vote.

6. Requires the Commissions to nominate any applicant who receives a majority vote.

7. Requires, if more than one vacancy exists in the same court at the same time, the Commissions to submit the names of at least six persons nominated to fill each vacancy and prohibits the submission of the name of the same person for more than one vacancy.

8. Permits the Governor to make an appointment from any of the nominees presented for any of the vacancies in that court, if more than one vacancy exists in the same court at the same time.

9. Requires the Supreme Court to do the following:

a) make available through its website, every written opinion or order that is issued by a judge of a court of record that resolves a contested matter of law and that is not sealed or confidential; and

b) transmit a copy of the judicial performance review of each justice and judge who is up for retention to the Senate President and the Speaker of the House of Representatives at least 60 days before the regular primary election.

10. Permits a joint legislative committee consisting of the Senate and House Judiciary committees to meet and take testimony on the justices and judges who are up for retention at least 60 days prior to the general election.

11. Makes technical and conforming changes.

12. Requires the Secretary of State to submit the proposition to the voters at the next general election.

13. Becomes effective if approved by the voters and on proclamation of the Governor.

Senate Action House Action

RULES        03/08/11     DP/PFC       4-2-0-0            ED           03/23/11      W/D

3^rd Read       03/21/11                         21-5-4-0           JUD         03/24/11      DPA/SE       6-3-0-0

                                                                                    3^rd Read   04/14/11                          48-8-4-0

GK/tf

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