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REFERENCE TITLE: justices; judges; mandatory retirement age |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SCR 1040 |
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Introduced by Senator Shope
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of arizona; amending article VI, sections 20 and 39, constitution of arizona; relating to justices and judges.
(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, section 20, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
20. Retirement and service of retired justices and judges
Section 20. The legislature shall prescribe by law a plan of retirement for justices and judges of courts of record, including the basis and amount of retirement pay, and requiring except as provided in section 35 of this article, that justices and judges of courts of record be retired upon on reaching the age of seventy seventy-five. Any retired justice or judge of any court of record who is drawing retirement pay may serve as a justice or judge of any court. When serving outside his county of residence, any such retired justice or judge shall receive his necessary traveling and subsistence expenses. A retired judge who is temporarily called back to the active duties of a judge is entitled to receive the same compensation and expenses as other like active judges less any amount received for such period in retirement benefits.
2. Article VI, section 39, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
39. Retirement of justices and judges; vacancies
Section 39. A. On attaining the age of seventy seventy-five years of age a justice or judge of a court of record shall retire and his that judicial office shall be vacant, except as otherwise provided in section 35 of this article. In addition to becoming vacant as provided in this section, the office of a justice or judge of any court of record becomes vacant upon on his death or his voluntary retirement pursuant to statute or his voluntary resignation, and also, as provided in section 38 of this article, upon on the expiration of his term next following a general election at which a majority of those voting on the question of his retention vote in the negative or for which general election he is required, but fails, to file a declaration of his desire to be retained in office.
B. This section is alternative to and cumulative with the methods of removal of judges and justices provided in article viii, parts 1 and 2 of article 8 and article 6.1 vi.1 of this Constitution.
3. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.