SCR1034 - 572R

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. Article VI, section 12, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE12. Superior court judges; election; term of office; vacancy

Section 12. A. Judges of the superior court In counties having a population of less than two hundred fifty thousand persons according to the most recent United States census, judges of the superior court shall be elected by the qualified electors of their counties at the general election. They Superior court judges shall hold office for a regular term of four years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. The names of all candidates for judge of the superior court in such these counties shall be placed on the regular ballot without partisan or other designation except the division and title of the office.

B. In counties having a population of two hundred fifty thousand persons or more according to the most recent United States census, Judges of the superior court shall be elected from judicial districts that shall be the same as legislative districts established pursuant to article IV, part 2, section 1. the qualified electors in each of the judicial districts shall elect judges of the superior court in these counties. Each elected judge shall reside in the judicial district from which the judge is elected. Superior court judges shall hold office for a regular term of four years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. The names of all candidates for judge of the superior court in these counties shall be placed on the regular ballot without partisan or other designation except the division and title of the office.

B. C. The governor shall fill any vacancy in such counties the office of superior court judge by appointing a person to serve until the election and qualification of a successor. At the next succeeding general election following the appointment of a person to fill a vacancy, a judge shall be elected to serve for the remainder of the unexpired term.

Judges of the superior court in counties having a population of two hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four years except as provided by this article. END_STATUTE

2. Article VI, section 28, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE28. Justices and judges; dual office holding; political activity; practice of law

Section 28. Justices and judges of courts of record shall not be eligible for any other public office or for any other public employment during their term of office, except that they may assume another judicial office, and upon on qualifying therefor, the office formerly held shall become vacant. No A justice or judge of any court of record shall not practice law during his continuance in office, nor and shall he not hold any office in a political party or actively take part in any political campaign other than his own for his reelection or retention in office. Any justice or judge who files nomination papers for an elective office, other than for judge of the superior court or a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, forfeits his judicial office. END_STATUTE

3. Article VI, section 30, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE30. Courts of record

Section 30. A. The supreme court, the court of appeals and the superior court shall be courts of record. Other courts of record may be established by law, but justice courts shall not be courts of record.

B. All justices and judges of courts of record, except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons according to the most recent United States census, shall be appointed in the manner provided in section 37 of this article. END_STATUTE

4. Article VI, section 35, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE35. 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 or any amendment to 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, except that any justice or judge elected at the general election at which this section is adopted shall serve for the term for which he the justice or judge 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. END_STATUTE

5. Article VI, section 37, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE37. Judicial vacancies and appointments; residence; age

Section 37. A. Within sixty days from after the occurrence of a vacancy in the office of a supreme court justice or an appellate court judge of any court of record, except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court, the commission on appellate court appointments, if the vacancy is in the supreme court or an intermediate appellate court of record, shall submit to the governor the names of not less than three persons nominated by it the commission to fill such vacancy, no not more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event not more than sixty percentum percent of such nominees shall be members of the same political party.

B. Within sixty days from the occurrence of a vacancy in the office of a judge of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, the commission on trial court appointments for the county in which the vacancy occurs shall submit to the governor the names of not less than three persons nominated by it to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event no more than sixty per centum of such nominees shall be members of the same political party. A nominee shall be under sixty-five years of age at the time his name is submitted to the governor. Judges of the superior court shall be subject to retention or rejection by a vote of the qualified electors of the county from which they were appointed at the general election in the manner provided by section 38 of this article.

C. B. A vacancy in the office of a supreme court justice or a an appellate court judge of such courts of record shall be filled by appointment by the governor without regard to political affiliation from one of the nominees whose names shall be are submitted to him the governor as hereinabove provided. In making the appointment, the governor shall consider the diversity of the state's population for an appellate court appointment and the diversity of the county's population for a trial court appointment, however the primary consideration shall be merit. If the governor does not appoint one of such nominees to fill such vacancy within sixty days after their names are submitted to the governor by such the commission, the chief justice of the supreme court forthwith shall appoint on the basis of merit alone without regard to political affiliation one of such nominees to fill such vacancy. If such the commission on appellate court appointments does not, within sixty days after such vacancy occurs, submit the names of nominees as hereinabove provided, the governor shall have the power to appoint any qualified person to fill such the vacancy at any time thereafter prior to before the time the names of the nominees to fill such the vacancy are submitted to the governor as hereinabove provided. Each justice or judge so appointed shall initially hold office for a term ending sixty days following the next regular general election after the expiration of a term of two years in office. Thereafter, the terms of justices or judges of the supreme court and the superior court shall be as provided by this article.

D. C. A person who is appointed to fill a vacancy on an intermediate appellate court or another court of record now existing or hereafter established by law shall have been a resident of the counties or county in which that vacancy exists for at least one year prior to his before the person's appointment, in addition to possessing the other required qualifications. A nominee shall be under sixty-five years of age at the time his the nominee's name is submitted to the governor. END_STATUTE

6. Article VI, section 38, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE38. Declaration of candidacy; form of judicial ballot, rejection and retention; failure to file declaration

Section 38. A. A any justice or judge of the supreme court or an intermediate appellate court shall file in the office of the secretary of state, and a judge of the superior court or other court of record including such justices or judges who are holding office as such by election or appointment at the time of the adoption of this section except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons, according to the United States census, shall file in the office of the clerk of the board of supervisors of the county in which he regularly sits and resides, not less than sixty nor more than ninety days prior to before the regular general election next preceding the expiration of his the justice's or judge's term of office, a declaration of his the justice's or judge's desire to be retained in office, and the secretary of state shall certify to the several boards of supervisors the appropriate names of the candidate or candidates appearing on such declarations filed in his the secretary of state's office.

B. The name of any supreme court justice or appellate court judge whose declaration is filed as provided in this section shall be placed on the appropriate official ballot at the next regular general election under a nonpartisan designation and in substantially the following form:

Shall __________, (Name of supreme court justice or appellate court judge) of the _________ court be retained in office? Yes __ No __ (Mark X after one).

C. If a majority of those voting on the question votes "No," then, upon on the expiration of the term for which such the supreme court justice or appellate court judge was serving, a vacancy shall exist, which shall be filled as provided by this article. If a majority of those voting on the question votes "Yes," such the supreme court justice or appellate court judge shall remain in office for another term, subject to removal as provided by this constitution.

D. The votes shall be counted and canvassed and the result declared as in the case of state and county elections, whereupon a certificate of retention or rejection of the incumbent supreme court justice or APPELLATE COURT judge shall be delivered to him the incumbent by the secretary of state or the clerk of the board of supervisors, as the case may be.

E. If a supreme court justice or appellate court judge fails to file a declaration of his the justice's or judge's desire to be retained in office, as required by this section, then his the justice's or judge's office shall become vacant upon on expiration of the term for which such the justice or judge was serving. END_STATUTE

7. Article VI, sections 40 and 41, Constitution of Arizona, are proposed to be repealed as follows if approved by the voters and on proclamation of the Governor:

(a) Article VI, section 40, Constitution of Arizona, relating to options to select judges for counties with less than two hundred fifty thousand persons, is repealed.

(b) Article VI, section 41, Constitution of Arizona, relating to the commission on trial court appointments, is repealed.

8. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.