A. Except as otherwise provided, 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.
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:
1. The chief justice of the supreme court, who shall be the chairman of
the commission. 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.
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.
C. At least ninety days prior to a term expiring or within twenty-one
days of a vacancy occurring for a nonattorney 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, not more than four of
whom may be from the same political party. The make-up of the committee
shall, to the extent feasible, reflect the diversity of the population of the
district. Members shall not be 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 forward 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 be of the same political party, subject to confirmation
by 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
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:
1. One appointment for a nonattorney member shall be for a one-year
term.
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.
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 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
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A. Except as otherwise provided, 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.
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:
1. The chief justice of the supreme court, who shall be the chairman of
the commission. 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.
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.
C. At least ninety days prior to a term expiring or within twenty-one
days of a vacancy occurring for a nonattorney 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, not more than four of
whom may be from the same political party. The make-up of the committee
shall, to the extent feasible, reflect the diversity of the population of the
district. Members shall not be 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 forward 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 be of the same political party, subject to confirmation
by 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
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:
1. One appointment for a nonattorney member shall be for a one-year
term.
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.
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 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.