Assigned to JUD                                                                                                                              FOR COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Fiftieth Legislature, Second Regular Session

 

FACT SHEET FOR S.C.R. 1034

 

judicial elections

 

Purpose

 

            Subject to voter approval, constitutionally provides for judicial elections for Arizona Supreme Court justices and superior court judges in counties with a population greater than 250,000.

 

Background

 

Article VI of the Arizona Constitution outlines the requirements pertaining to the judicial department.  It establishes judicial power, jurisdiction and authority, composition, qualifications, duties and process.  Judicial power is vested in an integrated judicial department consisting of a Supreme Court, appellate courts as provided by law, a superior court, courts inferior to the superior court as provided by law and justice courts.

 

            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.

 

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

 

Provisions

 

  1. Establishes that Arizona Supreme Court justices are nominated and elected in the same manner as other partisan elections.

 

  1. Subjects superior court judges in counties with a population greater than 250,000 to judicial elections.

 

  1. Requires the names of candidates for justice of the Supreme Court and superior court judges to be placed on the regular ballot with partisan or other designation, and the court and title of the office.

 

  1. Requires the Governor to fill a Supreme Court justice office vacancy by appointing a person to serve until the election and qualification of a successor.

 

  1. Specifies that at the next succeeding general election following the appointment of a person to fill a Supreme Court vacancy, a justice will be elected to serve for the remainder of the unexpired term.

 

  1. Repeals the following articles in the Arizona Constitution:

a)      Article VI, § 36, relating to the Commission on Appellate Court Appointments;

b)      Article VI, § 37, relating to judicial vacancies and appointments;

c)      Article VI, § 38, relating to the declaration of candidacy to be retained in office;

d)     Article VI, § 40, relating to the option of certain counties in selecting judges;

e)      Article VI, § 41, relating to the Commission on Trial Court Appointments; and

f)       Article VI, § 42, relating to retention evaluation of justices and judges.

 

  1. Makes technical and conforming changes.

 

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

 

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

 

 

 

 

Prepared by Senate Research

February 13, 2012

GK/tf