ARIZONA CONSTITUTION
ARTICLE VI
JUDICIAL DEPARTMENT
Art. VI §1 | JUDICIAL POWER; COURTS
Art. VI §2 | SUPREME COURT; COMPOSITION; DIVISIONS; DECISIONS, TRANSACTION OF BUSINESS
The supreme court shall sit in accordance with rules adopted by it, either in banc or in divisions of not less than three justices, but the court shall not declare any law unconstitutional except when sitting in banc. The decisions of the court shall be in writing and the grounds stated.
The court shall be open at all times, except on nonjudicial days, for the transaction of business.
Art. VI §3 | SUPREME COURT; ADMINISTRATIVE SUPERVISION; CHIEF JUSTICE
The chief justice, or in his absence or incapacity, the vice chief justice, shall exercise the court's administrative supervision over all the courts of the state. He may assign judges of intermediate appellate courts, superior courts, or courts inferior to the superior court to serve in other courts or counties.
Art. VI §4 | SUPREME COURT; TERM OF OFFICE
Art. VI §5 | SUPREME COURT; JURISDICTION; WRITS; RULES; HABEAS CORPUS
2. Original and exclusive jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another.
3. Appellate jurisdiction in all actions and proceedings except civil and criminal actions originating in courts not of record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance.
4. Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.
5. Power to make rules relative to all procedural matters in any court.
6. Such other jurisdiction as may be provided by law.
Art. VI §6 | SUPREME COURT; QUALIFICATIONS OF JUSTICES
Art. VI §7 | SUPREME COURT; CLERK AND ASSISTANTS; ADMINISTRATIVE DIRECTOR AND STAFF
The supreme court shall appoint an administrative director and staff to serve at its pleasure to assist the chief justice in discharging his administrative duties. The director and staff shall receive such compensation as may be provided by law.
Art. VI §8 | SUPREME COURT; PUBLICATION OF OPINIONS
Art. VI §9 | INTERMEDIATE APPELLATE COURTS
Art. VI §10 | SUPERIOR COURT; NUMBER OF JUDGES
Art. VI §11 | SUPERIOR COURT; PRESIDING JUDGES; DUTIES
Art. VI §12 | SUPERIOR COURT; TERM OF OFFICE
B. The governor shall fill any vacancy in such counties 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.
Art. VI §13 | SUPERIOR COURT; COMPOSITION; SALARIES; JUDGMENTS AND PROCEEDINGS; PROCESS
The judgments, decrees, orders and proceedings of any session of the superior court held by one or more judges shall have the same force and effect as if all the judges of the court had presided.
The process of the court shall extend to all parts of the state.
Art. VI §14 | SUPERIOR COURT; ORIGINAL JURISDICTION
2. Cases of equity and at law which involve the title to or possession of real property, or the legality of any tax, impost, assessment, toll or municipal ordinance.
3. Other cases in which the demand or value of property in controversy amounts to one thousand dollars or more, exclusive of interest and costs.
4. Criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for by law.
5. Actions of forcible entry and detainer.
6. Proceedings in insolvency.
7. Actions to prevent or abate nuisance.
8. Matters of probate.
9. Divorce and for annulment of marriage.
10. Naturalization and the issuance of papers therefor.
11. Special cases and proceedings not otherwise provided for, and such other jurisdiction as may be provided by law.
Art. VI §15 | JURISDICTION AND AUTHORITY IN JUVENILE PROCEEDINGS
Art. VI §16 | SUPERIOR COURT; APPELLATE JURISDICTION
Art. VI §17 | SUPERIOR COURT; CONDUCT OF BUSINESS; TRIAL JURIES; JURY TRIAL; GRAND JURIES
Art. VI §18 | SUPERIOR COURT; WRITS
Art. VI §19 | SUPERIOR COURT; SERVICE OF JUDGE IN ANOTHER COUNTY
Art. VI §20 | RETIREMENT AND SERVICE OF RETIRED JUSTICES AND JUDGES
Art. VI §21 | SUPERIOR COURT; SPEEDY DECISIONS
Art. VI §22 | SUPERIOR AND OTHER COURTS; QUALIFICATIONS OF JUDGES
Art. VI §23 | SUPERIOR COURT; CLERK
Art. VI §24 | SUPERIOR COURT; COURT COMMISSIONERS, MASTERS AND REFEREES
Art. VI §25 | STYLE OF PROCESS; CONDUCT OF PROSECUTIONS IN NAME OF STATE
Art. VI §26 | OATH OF OFFICE
The oath of all judges of courts inferior to the superior court and the oath of justices of the peace shall be filed in the office of the county recorder, and the oath of all other justices and judges shall be filed in the office of the secretary of state.
Art. VI §27 | CHARGE TO JURIES; REVERSAL OF CAUSES FOR TECHNICAL ERROR
Art. VI §28 | JUSTICES AND JUDGES; DUAL OFFICE HOLDING; POLITICAL ACTIVITY; PRACTICE OF LAW
Art. VI §30 | 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.
Art. VI §31 | JUDGES PRO TEMPORE
B. When serving, any such person shall have all the judicial powers of a regular elected judge of the court to which the person is appointed. A person so appointed shall receive such compensation as may be provided by law. The population limitation of section 10 of this article shall not apply to the appointment of judges pro tempore of the superior court.
Art. VI §32 | JUSTICES OF THE PEACE AND INFERIOR COURTS; JURISDICTION, POWERS AND DUTIES; TERMS OF OFFICE; SALARIES
B. The jurisdiction, powers and duties of courts inferior to the superior court and of justice courts, and the terms of office of judges of such courts and justices of the peace shall be as provided by law. The legislature may classify counties and precincts for the purpose of fixing salaries of judges of courts inferior to the superior court and of justices of the peace.
C. The civil jurisdiction of courts inferior to the superior court and of justice courts shall not exceed the sum of ten thousand dollars, exclusive of interest and costs. Criminal jurisdiction shall be limited to misdemeanors. The jurisdiction of such courts shall not encroach upon the jurisdiction of courts of record but may be made concurrent therewith, subject to the limitations provided in this section.
Art. VI §33 | CHANGE BY LEGISLATURE IN NUMBER OF JUSTICES OR JUDGES; REDUCTION OF SALARY DURING TERM OF OFFICE
Art. VI §34 | ABSENCE OF JUDICIAL OFFICER FROM STATE
Art. VI §35 | CONTINUANCE IN OFFICE; CONTINUED EXISTENCE OF OFFICES; APPLICATION OF PRIOR STATUTE AND RULES
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.
Art. VI §36 | COMMISSION ON APPELLATE COURT APPOINTMENTS AND TERMS, APPOINTMENTS AND VACANCIES ON COMMISSION
Attorney members of the commission shall have resided in the state and shall have been admitted to practice before the supreme court for not less than five years. Not more than three attorney members shall be members of the same political party and not more than two attorney members shall be residents of any one county. Nonattorney members shall have resided in the state for not less than five years and shall not be judges, retired judges or admitted to practice before the supreme court. Not more than five nonattorney members shall be members of the same political party. Not more than two nonattorney members shall be residents of any one county. None of the attorney or nonattorney members of the commission shall hold any governmental office, elective or appointive, for profit, and no attorney member shall be eligible for appointment to any judicial office of the state until one year after he ceases to be a member. Attorney members of the commission shall serve staggered four-year terms and nonattorney members shall serve staggered four-year terms. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments.
B. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission.
C. In making or confirming appointments to the appellate court commission, the governor, the senate and the state bar shall endeavor to see that the commission reflects the diversity of Arizona's population.
In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof to serve in his place and stead.
D. Prior to making recommendations to the governor as hereinafter provided, the commission shall conduct investigations, hold public hearings and take public testimony. An executive session as prescribed by rule may be held upon a two-thirds vote of the members of the commission in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective manner. The commission shall consider the diversity of the state's population, however the primary consideration shall be merit. Voting shall be in a public hearing. The expenses of meetings of the commission and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state as state officers are paid, upon claims approved by the chairman.
E. After public hearings the supreme court shall adopt rules of procedure for the commission on appellate court appointments.
F. Notwithstanding the provisions of subsection A, the initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor for staggered terms as follows:
2. Two appointments for nonattorney members shall be for a two-year term.
3. Two appointments for nonattorney members shall be for a three-year term.
4. One appointment for an attorney member shall be for a one-year term.
5. One appointments for an attorney member shall be for a two-year term.
Art. VI §37 | JUDICIAL VACANCIES AND APPOINTMENTS; INITIAL TERMS; RESIDENCE; AGE
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. A vacancy in the office of a justice or a 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 submitted to him 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 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 commission 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 vacancy at any time thereafter prior to the time the names of the nominees to fill such 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. A person 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 appointment, in addition to possessing the other required qualifications. A nominee shall be under sixty-five years of age at the time his name is submitted to the governor.
Art. VI §38 | DECLARATION OF CANDIDACY; FORM OF JUDICIAL BALLOT, REJECTION AND RETENTION; FAILURE TO FILE DECLARATION
B. The name of any justice or 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 justice or judge) of the _________ court be retained in office?C. If a majority of those voting on the question votes "No," then, upon the expiration of the term for which such justice or 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 justice or judge shall remain in office for another term, subject to removal as provided by this constitution.
Yes __ No __ (Mark X after one).
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 justice or judge shall be delivered to him by the secretary of state or the clerk of the board of supervisors, as the case may be.
E. If a justice or judge fails to file a declaration of his desire to be retained in office, as required by this section, then his office shall become vacant upon expiration of the term for which such justice or judge was serving.
Art. VI §39 | RETIREMENT OF JUSTICES AND JUDGES; VACANCIES
This section is alternative to and cumulative with the methods of removal of judges and justices provided in parts 1 and 2 of article 8 and article 6.1 of this Constitution.
Art. VI §40 | OPTION FOR COUNTIES WITH LESS THAN TWO HUNDRED FIFTY THOUSAND PERSONS
Art. VI §41 | SUPERIOR COURT DIVISIONS; COMMISSION ON TRIAL COURT APPOINTMENTS; MEMBERSHIP; TERMS
B. There shall be 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 United States census which shall be composed of the following members:
2. Five attorney members, none of whom shall reside in the same supervisorial district and not more than three of whom shall be members of the same political party, who are nominated by the board of governors of the state bar of Arizona and who are appointed by the governor subject to confirmation by the senate in the manner prescribed by law.
3. Ten nonattorney members, no more than two of whom shall reside in the same supervisorial district.
D. In making or confirming appointments to trial court commissions, the governor, the senate and the state bar shall endeavor to see that the commission reflects the diversity of the county's population.
E. Members of the commission shall serve staggered four year terms, except that initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor as follows:
2. Two appointments for nonattorney members shall be for a two-year term.
3. Two appointments for nonattorney members shall be for a three-year term.
4. One appointment for an attorney member shall be for a one-year term.
5. One appointment for an attorney member shall be for a two-year term.
G. Attorney members of the commission shall have resided in this state and shall have been admitted to practice in this state by the supreme court for at least five years and shall have resided in the supervisorial district from which they are appointed for at least one year. Nonattorney members shall have resided in this state for at least five years, shall have resided in the supervisorial district for at least one year before being nominated and shall not be judges, retired judges nor admitted to practice before the supreme court. None of the attorney or nonattorney members of the commission shall hold any governmental office, elective or appointive, for profit and no attorney member is eligible for appointment to any judicial office of this state until one year after membership in the commission terminates.
H. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission.
I. The commission shall submit the names of not less than three individuals for nomination for the office of the superior court judge pursuant to section 37 of this article.
J. Prior to making recommendations to the governor, the commission shall conduct investigations, hold public hearings and take public testimony. An executive session as prescribed by rule may be held upon a two-thirds vote of the members of the commission in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective manner. The commission shall consider the diversity of the county's population and the geographical distribution of the residences of the judges throughout the county, however the primary consideration shall be merit. Voting shall be in a public hearing. The expenses of meetings of the commission and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state as state officers are paid, upon claims approved by the chairman.
K. After public hearings the supreme court shall adopt rules of procedure for the commission on trial court appointments.
L. The members of the commission who were appointed pursuant to section 36 of this article prior to the effective date of this section may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section.
Art. VI §42 | RETENTION EVALUATION OF JUSTICES AND JUDGES
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