HB 2757
Initials JL Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD DP 5-3-0-0 | 3
rd
Read 31-28-1-0-0
Senate: JUD DPA 6-1-0-0 | 3
rd
Read 16-14-0-0-0
HB 2757: court of appeals; retention election
Sponsor: Representative Toma, LD 27
Senate Engrossed
Overview
Replaces the current county-based retention election process for judges on the Arizona Court of
Appeals with a statewide retention election process.
History
The Arizona Court of Appeals is the state's intermediate appellate court of record, established by
Laws 1964, Chapter 102, § 1 as the first level of appeal from the superior court. It is comprised of
two divisions, designated as Division 1, which is based in Phoenix, and Division 2, which is based
in Tucson.
Division 1 has 19 judges and consists of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai,
Navajo and Apache counties. Division 2 has 9 judges and consists of Pima, Pinal, Cochise, Santa
Cruz, Greenlee, Graham and Gila counties. Both divisions hear and decide cases in three-judge
panels, referred to as departments, and a majority of two out the three judges is sufficient to
render a decision (A.R.S. § 12-120).
Court of Appeals judges are appointed by the Governor to initial terms of at least two years
pursuant to Ariz. Const. art. VI, § 37 before being subject to a retention election. The voters then
consider the judges for retention every six years (A.R.S. § 12-120.01).
Current law provides for county-based residency and retention election requirements for the
judges on each division. Of the 19 judges on Division 1, 10 must be residents of and elected for
retention by the voters of Maricopa county; 5 must be residents of and elected for retention by the
voters of the counties in the division besides Maricopa; and 4 must be at-large judges, which may
be residents of any county in the division. If an at-large judge is a resident of Maricopa county,
the judge must be elected for retention by the voters of Maricopa county. Otherwise, the judge
must be elected for retention by the voters of the other counties in the division besides Maricopa.
Statute outlines a similar process for Division 2. Of its 9 judges, 4 must be residents of and elected
for retention by the voters of Pima county; 2 must be residents of and elected for retention by the
voters of the counties in the division besides Pima; and 3 must be at-large judges, which may be
residents of any county in the division. If an at-large judge is a resident of Pima county, the judge
must be elected for retention by the voters of Pima county. Otherwise, the at-large judge must be
elected for retention by the voters of the other counties in the division besides Pima (A.R.S. § 12-
120.02).
The designated post of duty for judges on Division 1 elected other than in Maricopa county, and
similarly for the judges on Division 2 elected other than in Pima county, is deemed to be the
judge's place of physical residence (A.R.S. § 12-120.10).
HB 2757
Initials JL Page 2 Senate Engrossed
Provisions
1. Removes the county-based retention election requirements for judges on both divisions of the
Court of Appeals. (Sec. 1)
2. Requires that each Court of Appeals judge be elected for retention on a statewide basis at the
general election next preceding the expiration of the judge's term in office and states that all
otherwise eligible registered voters in Arizona are eligible to vote in these races. (Sec. 1)
3. Deems the designated post of duty for Court of Appeals judges in Division 1, excluding
Maricopa county, and in Division 2, excluding Pima county, to be the judge's place of physical
residence. (Sec. 2)
4. Makes a technical change. (Sec. 2)
Senate Amendments
1. Makes a technical correction.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note