HCR 2018
Initials LC/JH Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
HCR 2018: judges; merit selection; population
Sponsor: Representative Carter, LD 8
Committee on Judiciary
Overview
Amends sections of the Constitution of Arizona to allow judges of the superior court and justices
and judges of courts of record to be elected in counties with fewer than 800,000 people.
History
Judges of the superior court are required to be elected during the general election in counties with
a population of fewer than 250,000 people (Art. VI, § 12, Constitution of Arizona). When a county’s
population exceeds 250,000 according to the United States Census, that county automatically
enters the merit selection system. Article VI, § 40 of the Constitution of Arizona allows counties
with a population under 250,000 people the discretion to select its judges of the superior court as
if it had a population of 250,000 or more. According to the United States Census, Maricopa, Pima
and Pinal counties are the only counties exceeding the current 250,000 population threshold (U.S.
Census Bureau).
Provisions
1. Requires judges of the superior court to be elected in counties with 800,000 people or fewer.
(Sec. 1)
2. Stipulates that superior court judges appointed before the enactment of this law in a county
with a population of less than 800,000 must finish their term in office but are not eligible for
retention. (Sec. 2)
3. Specifies all justices and judges of courts of record in counties with a population of less than
800,000 must be appointed by the Governor. (Sec. 3)
4. Outlines the Commission on Appellate Court Appointment's required duties following a
vacancy in the office of a Justice of the Supreme Court or a judge of an intermediate appellate
court. (Sec 5)
5. States that members appointed to the Commission serve staggered four-year terms. (Sec. 8)
6. Requires the Secretary of State to submit the proposition to the voters at the next general
election. (Sec. 9)
7. Makes technical and conforming changes. (Sec. 1 – 8)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note