what are the requirements to become a justice of the peace in arizona

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Arizona Constitution
Preamble
Articles
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Article VI of the Arizona Constitution is entitled Judicial Section. It has 42 sections, which is more than any other article of the Arizona Constitution.^[ane]

Department ane

	Text of Section one: Judicial Ability; Courts " The judicial power shall exist vested in an integrated judicial department consisting of a supreme court, such intermediate appellate courts as may be provided by law, a superior court, such courts inferior to the superior court every bit may be provided by law, and justice courts.[1] [2] "

Section ii

Text of Section two: Supreme Courtroom; Composition; Divisions; Decisions, Transaction of Concern " The supreme court shall consist of not less than 5 justices. The number of justices may be increased or decreased past constabulary, but the court shall at all times be constituted of at to the lowest degree five justices. The supreme courtroom shall sit in accordance with rules adopted by it, either in banc or in divisions of not less than iii justices, but the court shall not declare whatever 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 up at all times, except on nonjudicial days, for the transaction of business.[one] [2] "

Section three

Text of Section 3: Supreme Court; Administrative Supervision; Chief Justice " The supreme court shall take administrative supervision over all the courts of the land. The chief justice shall exist elected past the justices of the supreme court from i of their number for a term of five years, and may be re-elected for like terms. The vice chief justice shall exist elected by the justices of the supreme court from one of their number for a term determined by the court. A member of the court may resign the office of main justice or vice master justice without resigning from the courtroom. The chief justice, or in his absence or incapacity, the vice primary justice, shall exercise the court's authoritative supervision over all the courts of the state. He may assign judges of intermediate appellate courts, superior courts, or courts junior to the superior court to serve in other courts or counties.[1] [ii] "

Department four

	Text of Department 4: Supreme Court; Term of Office " Justices of the supreme court shall concur office for a regular term of six years except as provided by this article.[1] [2] "

Section 5

Text of Department 5: Supreme Court; Jurisdiction; Writs; Rules; Habeas Corpus " The supreme court shall have: 1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers. two. Original and sectional jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys thereof or apropos claims of ane county against another. 3. Appellate jurisdiction in all deportment and proceedings except civil and criminal actions originating in courts non 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 consummate exercise of its appellate and revisory jurisdiction. v. Power to make rules relative to all procedural matters in any court. vi. Such other jurisdiction as may be provided past law. Each justice of the supreme court may result writs of habeas corpus to whatever part of the land upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the supreme court, appellate court or superior court, or judge thereof.[1] [two] "

Department 6

	Text of Section vi: Supreme Courtroom; Qualifications of Justices " A justice of the supreme court shall be a person of good moral character and admitted to the practice of law in and a resident of the state of Arizona for ten years side by side preceding his taking function.[1] [two] "

Section vii

Text of Section seven: Supreme Court; Clerk and Assistants; Administrative Director and Staff " The supreme court shall engage a clerk of the court and assistants thereto who shall serve at its pleasure, and who shall receive such compensation every bit may exist provided past law. The supreme courtroom 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 exist provided past law.[1] [2] "

Section 8

	Text of Department 8: Supreme Courtroom; Publication of Opinions " Provision shall be made by law for the speedy publication of the opinions of the supreme court, and they shall be free for publication by any person.[i] [2] "

Section ix

	Text of Section 9: Intermediate Appellate Courts " The jurisdiction, powers, duties and composition of any intermediate appellate court shall be as provided by law.[1] [2] "

Section 10

Text of Section ten: Superior Court; Number of Judges " At that place shall be in each county at to the lowest degree one judge of the superior court. There shall be in each county such additional judges every bit may exist provided past constabulary, but not exceeding one gauge for each thirty thousand inhabitants or majority fraction thereof. The number of inhabitants in a canton for purposes of this section may be determined by census enumeration or past such other method as may be provided past law.[1] [2] "

Section eleven

Text of Section 11: Superior Courtroom; Presiding Judges; Duties " There shall be in each canton a presiding judge of the superior court. In each canton in which at that place are two or more judges, the supreme courtroom shall appoint i of such judges presiding judge. Presiding judges shall exercise administrative supervision over the superior courtroom and judges thereof in their counties, and shall have such other duties as may exist provided by law or past rules of the supreme court.[i] [2] "

Section 12

Text of Section 12: Superior Court; Term of Part " A. Judges of the superior courtroom in counties having a population of less than ii hundred fifty thousand persons according to the most recent U.s.a. demography shall be elected by the qualified electors of their counties at the general election. They shall hold office for a regular term of four years except as provided by this department from and after the offset 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 counties shall exist placed on the regular ballot without partisan or other designation except the division and title of the office. B. The governor shall make full any vacancy in such counties by appointing a person to serve until the election and qualification of a successor. At the next succeeding general ballot post-obit the appointment of a person to fill up 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 well-nigh recent United states of america census shall agree office for a regular term of four years except equally provided by this article.[1] [two] "

Subpoena

Ratified in November 1992 via voter approval of Proposition 109.

Department xiii

Text of Section 13: Superior Courts; Composition; Salaries; Judgements and Proceedings; Procedure " The superior courts provided for in this article shall institute a single courtroom, composed of all the duly elected or appointed judges in each of the counties of the state. The legislature may allocate counties for the purpose of fixing salaries of judges or officers of the court. The judgments, decrees, orders and proceedings of whatsoever session of the superior court held past ane or more than judges shall accept the same force and issue as if all the judges of the court had presided. The process of the courtroom shall extend to all parts of the state.[1] [2] "

Section 14

Text of Section 14: Superior Courtroom; Original Jurisdiction " The superior court shall have original jurisdiction of: 1. Cases and proceedings in which exclusive jurisdiction is not vested by law in another court. two. Cases of disinterestedness and at police 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 yard dollars or more, exclusive of involvement and costs. four. Criminal cases amounting to felony, and cases of misdemeanor non otherwise provided for by police force. 5. Actions of forcible entry and detainer. 6. Proceedings in insolvency. seven. Actions to prevent or allay nuisance. viii. Matters of probate. 9. Divorce and for disparateness of spousal relationship. 10. Naturalization and the issuance of papers therefore. eleven. Special cases and proceedings not otherwise provided for, and such other jurisdiction equally may be provided by law.[1] [2] "

Section xv

	Text of Section 15: Jurisdiction and Authorisation in Juvenile Proceedings " The jurisdiction and authority of the courts of this state in all proceedings and matters affecting juveniles shall be as provided by the legislature or the people past initiative or referendum.[ane] [2] "

Amendment

REPEALED and AMENDED in 1996 via voter blessing of Proffer 102.

Section sixteen

	Text of Section sixteen: Superior Courtroom; Appellate Jurisdiction " The superior court shall accept appellate jurisdiction in cases arising in justice and other courts inferior to the superior court as may be provided by law.[1] [2] "

Department 17

Text of Section 17: Superior Courtroom; Conduct of Business; Trial Juries; Jury Trial; Thousand Juries " The superior court shall be open at all times, except on nonjudicial days, for the decision of not-jury ceremonious cases and the transaction of business. For the determination of ceremonious causes and matters in which a jury demand has been entered, and for the trial of criminal causes, a trial jury shall be drawn and summoned from the trunk of the county, equally provided by constabulary. The correct of jury trial as provided by this constitution shall remain inviolate, only trial by jury may exist waived by the parties in any civil cause or by the parties with the consent of the courtroom in whatsoever criminal cause. Grand juries shall be drawn and summoned only by order of the superior courtroom.[1] [ii] "

Section 18

Text of Section 18: Superior Court; Writs " The superior courtroom or whatever judge thereof may issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus on petition by or on behalf of a person held in actual custody inside the county. Injunctions, attachments, and writs of prohibition and habeas corpus may be issued and served on legal holidays and non-judicial days.[ane] [2] "

Department 19

	Text of Section 19: Superior Courtroom; Service of Judge in Some other Canton " A judge of the superior court shall serve in another county at the management of the primary justice of the supreme court or may serve in some other county at the request of the presiding judge of the superior courtroom thereof.[1] [2] "

Section 20

Text of Section 20: Retirement and Service of Retired Justices and Judges " The legislature shall prescribe by law a program of retirement for justices and judges of courts of record, including the basis and amount of retirement pay, and requiring except every bit provided in section 35 of this article, that justices and judges of courts of record be retired upon reaching the age of seventy. Whatsoever retired justice or approximate of whatsoever courtroom of record who is drawing retirement pay may serve as a justice or judge of any court. When serving exterior his county of residence, any such retired justice or judge shall receive his necessary traveling and subsistence expenses. A retired guess who is temporarily called dorsum to the agile duties of a judge is entitled to receive the aforementioned compensation and expenses as other like agile judges less whatever amount received for such period in retirement benefits.[1] [2] "

Section 21

	Text of Section 21: Superior Court; Speedy Decisions " Every matter submitted to a judge of the superior court for his determination shall exist decided within threescore days from the date of submission thereof. The supreme court shall by rule provide for the speedy disposition of all matters non decided within such period.[ane] [2] "

Section 22

Text of Department 22: Superior and Other Courts; Qualifications of Judges " Judges of the superior court, intermediate appellate courts or courts junior to the superior courtroom having jurisdiction in civil cases of i thousand dollars or more, sectional of interest and costs, established by constabulary under the provisions of section one of this article, shall exist at least 30 years of age, of good moral character and admitted to the exercise of law in and a resident of the country for five years side by side preceding their taking office.[1] [2] "

Section 23

Text of Department 23: Superior Court; Clerk " There shall be in each county a clerk of the superior courtroom. The clerk shall be elected by the qualified electors of his canton at the general election and shall hold office for a term of four years from and later the first Monday in Jan next succeeding his election. The clerk shall have such powers and perform such duties as may exist provided by law or past dominion of the supreme court or superior court. He shall receive such compensation every bit may exist provided past constabulary.[1] [two] "

Section 24

Text of Section 24: Superior Court; Court Commissioners, Masters and Referees " Judges of the superior court may appoint courtroom commissioners, master's and referees in their respective counties, who shall have such powers and perform such duties every bit may exist provided by police force or by dominion of the supreme court. Court commissioners, principal'south and referees shall receive such compensation equally may be provided by law.[ane] [2] "

Department 25

	Text of Section 25: Style of Process; Conduct of Prosecutions in Name of Land " The style of process shall be "The State of Arizona," and prosecutions shall be conducted in the proper noun of the land and by its authority.[i] [2] "

Section 26

Text of Section 26: Oath of Office " Each justice, judge and justice of the peace shall, before entering upon the duties of his office, take and subscribe an oath that he will support the Constitution of the United States and the Constitution of the Land of Arizona, and that he volition faithfully and impartially discharge the duties of his office to the best of his power. The oath of all judges of courts inferior to the superior court and the oath of justices of the peace shall exist filed in the office of the county recorder, and the adjuration of all other justices and judges shall exist filed in the office of the secretary of country.[1] [2] "

Section 27

	Text of Department 27: Accuse to Juries; Reversal of Causes for Technical Fault " Judges shall not charge juries with respect to matters of fact, nor comment thereon, but shall declare the police force. No cause shall be reversed for technical error in pleadings or proceedings when upon the whole case it shall appear that substantial justice has been done.[ane] [2] "

Section 28

Text of Department 28: Justices and Judges; Dual Function Holding; Political Activity; Exercise of Law " 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 qualifying therefore, the office formerly held shall become vacant. No justice or judge of any court of record shall exercise law during his continuance in office, nor shall he hold whatever role in a party or actively take function in any political campaign other than his own for his re-election or retention in office. Whatsoever justice or judge who files nomination papers for an elective office, other than for judge of the superior court or a courtroom of tape inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the nearly recent United States census, forfeits his judicial part.[1] [2] "

Amendment

Ratified in Nov 1992 via voter approval of Suggestion 109.

Department 29

Section 29 was repealed.

Section thirty

Text of Section 30: Courts of Record " A. The supreme court, the courtroom of appeals and the superior courtroom shall exist courts of record. Other courts of tape may be established by law, just justice courts shall non be courts of tape. 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 Us census, shall exist appointed in the manner provided in section 37 of this article.[1] [2] "

Amendment

Ratified in November 1992 via voter approval of Proffer 109.

Section 31

Text of Section 31: Judges Pro Tempore " A. The legislature may provide for the appointment of members of the bar having the qualifications provided in section 22 of this article as judges pro tempore of courts inferior to the supreme courtroom, except that justices of the peace pro tempore shall have the same qualifications as justices of the peace and do not take to reside in the precinct in which the justice of the peace pro tempore is appointed to serve. B. When serving, any such person shall have all the judicial powers of a regular elected gauge 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 x of this commodity shall not employ to the date of judges pro tempore of the superior court.[i] [2] "

Amendment

Ratified on November ii, 2004 via voter approval of Proposition 103.

Section 32

Text of Department 32: Justices of the Peace and Junior Courts; Jurisdiction, Powers and Duties; Terms of Office; Salaries " A. The number of justices of the peace to be elected in precincts shall exist as provided by law. Justices of the peace may be police justices of incorporated cities and towns. B. The jurisdiction, powers and duties of courts inferior to the superior court and of justice courts, and the terms of part of judges of such courts and justices of the peace shall be equally 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 g dollars, exclusive of interest and costs. Criminal jurisdiction shall be express to misdemeanors. The jurisdiction of such courts shall not interlope upon the jurisdiction of courts of record only may exist fabricated concurrent therewith, subject to the limitations provided in this department.[i] [two] "

Amendment

Ratified in November 1990 via voter approval of Proposition 102.

Section 33

	Text of Section 33: Change by Legislature in Number of Justices or Judges; Reduction of Bacon During Term of Part " No change made by the legislature in the number of justices or judges shall work the removal of whatsoever justice or approximate from office. The salary of any justice or judge shall not be reduced during the term of office for which he was elected or appointed.[1] [2] "

Section 34

	Text of Section 34: Absenteeism of Judicial Officer from Land " Any judicial officer except a retired justice or judge who absents himself from the state for more than than lx consecutive days shall exist deemed to have forfeited his office, but the governor may extend the leave of absence for such time as reasonable necessity therefore exists.[1] [two] "

Section 35

Text of Section 35: Continuance in Office; Continued Existence of Offices; Awarding of Prior Statute and Rules " A. All justices, judges, justices of the peace and officers of any court who are holding part every bit such past election or engagement at the time of the adoption of this department shall serve or proceed in role for the respective terms for which they are and then elected or for their respective unexpired terms, and until their successors are elected or appointed and qualify or they are retained in role pursuant to section 38 of this article; provided, all the same, that whatever justice or judge elected at the general election at which this section is adopted shall serve for the term for which he is and so elected. The connected being of any part heretofore legally established or held shall non be abolished or repealed past the adoption of this article. The statutes and rules relating to the authorisation, jurisdiction, do and procedure of courts, judicial officers and offices in force at the time of the adoption of this article and not inconsistent herewith, shall, then far as applicative, apply to and govern such courts, judicial officers and offices until amended or repealed. B. All judges of the superior court holding part by appointment or retention in counties with a population of ii hundred l thousand persons or more according to the most recent United States census at the time of the adoption of this subpoena to this section shall serve or keep in role 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 past the qualified electors of the canton or resignation, the engagement shall be pursuant to department 37 of this article.[1] [2] "

Subpoena

Ratified in Nov 1992 via voter approval of Proposition 109.

Section 36

Text of Department 36: Commission on Appellate Court Appointments and Terms, Appointments and Vacancies on Commission " A. There shall be a nonpartisan committee on appellate courtroom appointments which shall exist composed of the primary justice of the supreme court, who shall exist chairman, five attorney members, who shall be nominated past the board of governors of the state bar of Arizona and appointed by the governor with the advice and consent of the senate in the way prescribed past law, and 10 nonattorney members who shall be appointed by the governor with the communication and consent of the senate in the mode prescribed by law. At least 90 days prior to a term expiring or within twenty-ane days of a vacancy occurring for a nonattorney member on the commission for appellate courtroom appointments, the governor shall appoint a nominating commission of nine members, not more than 5 of whom may exist from the same political party. The makeup of the committee shall, to the extent feasible, reverberate the diversity of the population of the state. Members shall not exist attorneys and shall non agree whatever governmental office, elective or appointive, for profit. The committee shall provide public notice that a vacancy exists and shall solicit, review and frontward to the governor all applications forth with the committee's recommendations for appointment. Attorney members of the commission shall have resided in the land and shall have been admitted to practice before the supreme court for non less than five years. Not more three attorney members shall exist members of the same political party and not more than 2 attorney members shall be residents of any one canton. Nonattorney members shall accept resided in the state for non less than five years and shall not be judges, retired judges or admitted to practice before the supreme courtroom. Not more than five nonattorney members shall be members of the same political party. Not more than two nonattorney members shall be residents of whatsoever one canton. None of the chaser or nonattorney members of the commission shall hold any governmental office, constituent or appointive, for profit, and no attorney member shall be eligible for appointment to any judicial office of the land until i twelvemonth later he ceases to be a member. Chaser members of the committee shall serve staggered 4-yr terms and nonattorney members shall serve staggered iv-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 courtroom commission, the governor, the senate and the state bar shall endeavor to run across that the commission reflects the variety of Arizona'due south population. In the event of the absenteeism or incapacity of the chairman the supreme courtroom shall engage a justice thereof to serve in his place and stead. D. Prior to making recommendations to the governor as hereinafter provided, the committee 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 committee in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective style. The committee shall consider the diversity of the state's population, withal the master consideration shall exist merit. Voting shall be in a public hearing. The expenses of meetings of the committee and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state as country officers are paid, upon claims canonical past the chairman. E. After public hearings the supreme court shall adopt rules of procedure for the committee on appellate court appointments. F. Notwithstanding the provisions of subsection A, the initial appointments for the five additional nonattorney members and the two boosted chaser members of the commission shall be designated by the governor for staggered terms equally follows: 1. Ane appointment for a nonattorney member shall be for a i-year term. 2. Two appointments for nonattorney members shall be for a ii-year term. 3. Two appointments for nonattorney members shall be for a three-yr term. 4. One appointment for an attorney fellow member shall be for a one-twelvemonth term. 5. One appointments for an attorney member shall be for a two-twelvemonth term. G. The members currently serving on the commission may proceed to serve until the expiration of their normal terms. All subsequent appointments shall exist made as prescribed past this section.[1] [2] "

Subpoena

Ratified in November 1992 via voter approving of Proffer 109.

Department 37

Text of Section 37: Judicial Vacancies and Appointments; Initial Terms; Residence; Age " A. Within sixty days from the occurrence of a vacancy in the office of a justice or guess 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 courtroom or an intermediate appellate courtroom of record, shall submit to the governor the names of non less than 3 persons nominated by it to fill such vacancy, no more than two of whom shall be members of the aforementioned political party unless at that place are more than than four such nominees, in which event non more than sixty percentum of such nominees shall be members of the same political political party. B. Within sixty days from the occurrence of a vacancy in the function of a guess of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the part of a judge of the superior court or a judge of a courtroom of record inferior to the superior court in a county having a population of less than ii hundred 50 thousand persons according to the most recent Usa 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 up such vacancy, no more 2 of whom shall exist members of the same party unless there are more than four such nominees, in which issue no more than sixty percent of such nominees shall be members of the same political party. A nominee shall be under threescore-5 years of age at the time his name is submitted to the governor. Judges of the superior court shall be bailiwick to retention or rejection past a vote of the qualified electors of the county from which they were appointed at the full general ballot in the manner provided by section 38 of this article. C. A vacancy in the function of a justice or a judge of such courts of record shall be filled past appointment past the governor without regard to political affiliation from i of the nominees whose names shall be submitted to him equally 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 canton'south population for a trial court date, however the main consideration shall be merit. If the governor does not appoint ane of such nominees to fill such vacancy within lx days after their names are submitted to the governor by such commission, the master justice of the supreme court forthwith shall appoint on the basis of merit alone without regard to political affiliation 1 of such nominees to fill such vacancy. If such commission does non, inside sixty days after such vacancy occurs, submit the names of nominees as hereinabove provided, the governor shall accept the power to engage any qualified person to fill up such vacancy at whatever time thereafter prior to the time the names of the nominees to fill up such vacancy are submitted to the governor as hereinabove provided. Each justice or guess so appointed shall initially hold office for a term catastrophe sixty days following the adjacent regular general ballot after the expiration of a term of ii 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 up a vacancy on an intermediate appellate court or another courtroom of record now existing or future 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-5 years of historic period at the fourth dimension his name is submitted to the governor.[1] [2] "

Amendment

Ratified in November 1992 via voter approving of Proposition 109.

Section 38

Text of Department 38: Announcement of Candidacy; Form of Judicial Ballot, Rejection and Retention; Failure to File Announcement " A. A justice or judge of the supreme courtroom or an intermediate appellate court shall file in the office of the secretary of state, and a judge of the superior courtroom or other courtroom of record including such justices or judges who are holding office equally such past ballot or appointment at the time of the adoption of this department except for judges of the superior court and other courts of record junior to the superior court in counties having a population of less than 2 hundred 50 thousand persons, according to the The 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, non less than 60 nor more 90 days prior to the regular full general election side by side preceding the expiration of his term of office, a declaration of his desire to be retained in office, and the secretarial assistant 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 office. B. The proper noun of any justice or estimate whose annunciation is filed as provided in this section shall be placed on the advisable official ballot at the next regular general ballot under a nonpartisan designation and in essentially the following form: Shall __________, (Name of justice or judge) of the _________ court be retained in office? Yes __ No __ (Marking X later on one). C. If a majority of those voting on the question votes "No," and then, upon the expiration of the term for which such justice or judge was serving, a vacancy shall exist, which shall be filled every bit provided past this article. If a majority of those voting on the question votes "Yep," such justice or judge shall remain in function for another term, field of study to removal equally provided past this constitution. D. The votes shall be counted and canvassed and the result declared as in the case of state and canton elections, whereupon a document of retention or rejection of the incumbent justice or approximate shall be delivered to him by the secretary of country or the clerk of the board of supervisors, as the case may be. Eastward. If a justice or judge fails to file a declaration of his desire to be retained in part, as required by this section, so his function shall become vacant upon expiration of the term for which such justice or guess was serving.[i] [2] "

Amendment

Ratified in November 1992 via voter approval of Suggestion 109.

Section 39

Text of Section 39: Retirement of Justices and Judges; Vacancies " On attaining the age of lxx years a justice or guess of a court of record shall retire and his judicial role shall be vacant, except as otherwise provided in section 35 of this article. In addition to condign vacant every bit provided in this section, the office of a justice or judge of any courtroom of record becomes vacant upon his death or his voluntary retirement pursuant to statute or his voluntary resignation, and also, as provided in section 38 of this commodity, upon the expiration of his term adjacent 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. 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 half dozen.one of this Constitution.[i] [2] "

Section 40

Text of Section forty: Option for Counties with Less than Two Hundred L M Persons " Notwithstanding any provision of this commodity to the contrary, any county having a population of less than two hundred fifty thou persons, according to the most recent Us census, may cull to select its judges of the superior courtroom or of courts of record inferior to the superior court equally if it had a population of two hundred l yard or more persons. Such choice shall be determined by vote of the qualified electors of such canton voting on the question at an election chosen for such purpose by resolution of the board of supervisors of such canton. If such qualified electors approve, the provisions of sections 12, 28, xxx, 35 through 39, 41 and 42 shall employ as if such canton had a population of two hundred fifty thousand persons or more.[1] [2] "

Amendment

Ratified in November 1992 via voter blessing of Proposition 109.

Section 41

Text of Department 41: Superior Courtroom Divisions; Committee on Trial Court Appointments; Membership; Terms " A. Except as otherwise provided, judges of the superior courtroom in counties having a population of two hundred fifty thousand persons or more according to the nigh recent United states of america demography shall concord function for a regular term of four years. B. There shall be a nonpartisan committee on trial courtroom appointments for each county having a population of two hundred fifty thou persons or more according to the almost contempo United States demography which shall be equanimous of the following members: 1. The chief justice of the supreme courtroom, who shall exist the chairman of the commission. In the event of the absence or incapacity of the chairman the supreme courtroom shall appoint a justice thereof to serve in his place and stead. two. V attorney members, none of whom shall reside in the aforementioned supervisorial commune and non more than three of whom shall exist members of the aforementioned political party, who are nominated by the board of governors of the country bar of Arizona and who are appointed past the governor bailiwick to confirmation past the senate in the way prescribed by law. 3. Ten nonattorney members, no more two of whom shall reside in the same supervisorial district. C. At least ninety days prior to a term expiring or within xx-one days of a vacancy occurring for a nonattorney fellow member on the commission for trial court appointments, the member of the board of supervisors from the district in which the vacancy has occurred shall appoint a nominating committee of seven members who reside in the district, non more than than 4 of whom may be from the same political party. The brand-upwardly of the committee shall, to the extent viable, reflect the diversity of the population of the district. Members shall non exist attorneys and shall not hold any governmental office, elective or appointive, for profit. The committee shall provide public notice that a vacancy exists and shall solicit, review and frontwards to the governor all applications along with the committee's recommendations for appointment. The governor shall appoint two persons from each supervisorial district who shall not exist of the aforementioned political political party, field of study to confirmation past the senate in the manner prescribed by law. D. In making or confirming appointments to trial court commissions, the governor, the senate and the state bar shall endeavor to see that the committee reflects the diverseness of the county'southward population. E. Members of the committee shall serve staggered four year terms, except that initial appointments for the five additional nonattorney members and the 2 additional attorney members of the committee shall be designated by the governor as follows: 1. Ane engagement for a nonattorney member shall be for a ane-year term. 2. Two appointments for nonattorney members shall be for a 2-year term. iii. Two appointments for nonattorney members shall be for a three-year term. 4. Ane appointment for an attorney member shall be for a one-yr term. 5. One appointment for an attorney member shall be for a 2-year term. F. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments. G. Attorney members of the commission shall have resided in this state and shall take been admitted to do 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 5 years, shall have resided in the supervisorial district for at least one yr before being nominated and shall not be judges, retired judges nor admitted to practice before the supreme courtroom. None of the attorney or nonattorney members of the committee shall hold any governmental office, constituent or appointive, for turn a 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 every bit a member of more than one judicial appointment committee. 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 department 37 of this article. J. Prior to making recommendations to the governor, the commission shall carry investigations, concord public hearings and accept public testimony. An executive session as prescribed by dominion may be held upon a ii-thirds vote of the members of the commission in a public hearing. Final decisions every bit to recommendations shall be made without regard to political amalgamation in an impartial and objective manner. The commission shall consider the diversity of the canton'southward population and the geographical distribution of the residences of the judges throughout the county, however the master 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 land officers are paid, upon claims approved by the chairman. K. After public hearings the supreme court shall adopt rules of process for the commission on trial court appointments. L. The members of the commission who were appointed pursuant to section 36 of this commodity prior to the effective appointment of this department may continue to serve until the expiration of their normal terms. All subsequent appointments shall exist made as prescribed past this section.[1] [2] "

Department 42

Text of Section 42: Retention Evaluation of Justices and Judges " The supreme court shall adopt, subsequently public hearings, and administer for all justices and judges who file a proclamation to be retained in office, a process, established by courtroom rules for evaluating judicial functioning. The rules shall include written performance standards and operation reviews which survey opinions of persons who accept noesis of the justice's or judge'southward performance. The public shall be afforded a full and fair opportunity for participation in the evaluation procedure through public hearings, dissemination of evaluation reports to voters and whatsoever other methods equally the court deems advisable.[1] [2] "

See too

• State constitution
• Constitutional article
• Constitutional subpoena
• Constitutional revision
• Ramble convention
• Amendments
  • Initiated ramble amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules nearly constitutional conventions in state constitutions
  • State ramble articles governing country legislatures

External links

• Arizona State Legislature, "Arizona Constitution" (Links to each section)
• Arizona State Legislature, "Arizona Constitution" (Entire Document in PDF)

Additional reading

• McClory, Toni, (2000). Agreement the Arizona Constitution, Tucson, Arizona: The University of Arizona Press.

Footnotes

1. ↑ ^{1.00 i.01 ane.02 1.03 1.04 1.05 ane.06 1.07 i.08 i.09 1.10 1.11 one.12 1.13 1.14 one.15 1.16 ane.17 1.18 1.19 1.20 1.21 1.22 one.23 1.24 1.25 ane.26 1.27 1.28 1.29 1.30 ane.31 1.32 1.33 1.34 1.35 1.36 1.37 i.38 1.39 1.twoscore one.41} Arizona State Legislature, "Arizona Constitution," accessed March 26, 2014
2. ↑ ^{2.00 2.01 two.02 2.03 two.04 two.05 2.06 two.07 2.08 2.09 2.10 2.11 ii.12 two.13 2.14 ii.15 2.sixteen ii.17 2.18 2.nineteen two.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.xxx ii.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.xl} Note: This text is quoted verbatim from the original source. Whatever inconsistencies are owing to the original source.

v•due east Arizona Constitution
	Arizona Constitution • Preamble • Article I • Article II • Article 3 • Article 4 • Article V • Commodity VI • Article V.I • Article VII • Article VIII • Article 9 • Article X • Article 11 • Commodity XII • Article Xiii • Article 14 • Article XV • Article XVI • Commodity XVII • Commodity XVIII • Article XIX • Article 20 • Commodity XXI • Commodity XXII • Commodity XXV • Commodity XXVI • Article XXVII • Article XXVIII • Article XXIX • Article XXX

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Source: https://ballotpedia.org/Article_6,_Arizona_Constitution

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