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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
appointment commissions; membership
Purpose
Subject to voter approval, removes the requirement that an attorney be a member of the State Bar of Arizona (Bar) or be nominated or appointed by the Board of Governors of the Bar in order to be appointed as a judge pro tempore or a member of a judicial appointment commission as prescribed.
Background
The legislature may provide for the appointment of members of the Bar having the qualifications as outlined under the Arizona Constitution, as judges pro tempore of courts inferior to the Supreme Court. There is a nonpartisan Commission on Appellate Court Appointments which is composed of the Chief Justice of the Supreme Court, who is the chairman, and members as prescribed, including five attorney members, who are nominated by the Board of Governors of the Bar and appointed by the Governor with the advice and consent of the Senate (Ariz. Const. art. 6, § 31 and 36).
There is a nonpartisan Commission on Trial Court Appointments for each county having a population of two hundred fifty thousand persons or more according to the most recent U.S. Census, which is composed of members including five attorney members who are nominated by the Board of Governors of the Bar and who are appointed by the Governor, subject to confirmation by the Senate (Ariz. Const. art. 6, § 41).
The Supreme Court of Arizona maintains under its direction and control a corporate organization known as the Bar. Every person licensed by the Supreme Court to engage in the practice of law must be a member of the Bar in accordance with the Supreme Court Rules (Ariz. Sup. Ct. Rules, Rule 32).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the legislature to appoint attorneys who are licensed in Arizona, rather than members of the Bar, as judges pro tempore of courts inferior to the Supreme Court.
2. Removes the requirement that the five attorney members of the Commission on Appellate Court Appointments be nominated by the Board of Governors of the Bar.
3. Removes the requirement that the five attorney members of the Commission on Trial Court Appointments be nominated by the Board of Governors of the Bar.
4. Provides that the two attorney members of the commission on judicial conduct are attorneys licensed in Arizona, rather than members of the Bar appointed by the Governing Body of the Bar.
5. Removes the staggered term limits for the initial appointments of the non-attorney and attorney members of the Commission on Appellate Court Appointments.
6.
Removes the staggered term limits as prescribed for the initial
appointments of the
non-attorney and attorney members of the Commission on Trial Court Appointments.
7. Specifies that, on the effective date of this legislation, the members of the Commission on Appellate Court Appointments who are currently serving may continue to serve until the expiration of their normal terms.
8. Requires the Secretary of State to submit the proposition to the voters at the next general election.
9. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 14, 2023
ZD/KS/sr