Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.C.R. 1026
appointment commissions; membership
Purpose
Subject to voter approval, removes the requirement that an attorney be a member of the
State Bar of Arizona (Bar) or be nominated or appointed by the Board of Governors of the Bar in
order to be appointed as a judge pro tempore or a member of a judicial appointment commission
as prescribed.
Background
The legislature may provide for the appointment of members of the Bar having the
qualifications as outlined under the Arizona Constitution, as judges pro tempore of courts inferior
to the Supreme Court. There is a nonpartisan Commission on Appellate Court Appointments which
is composed of the Chief Justice of the Supreme Court, who is the chairman, and members as
prescribed, including five attorney members, who are nominated by the Board of Governors of the
Bar and appointed by the Governor with the advice and consent of the Senate (Ariz. Const. art. 6,
§ 31 and 36).
There is 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 U.S.
Census, which is composed of members including five attorney members who are nominated by
the Board of Governors of the Bar and who are appointed by the Governor, subject to confirmation
by the Senate (Ariz. Const. art. 6, § 41).
The Supreme Court of Arizona maintains under its direction and control a corporate
organization known as the Bar. Every person licensed by the Supreme Court to engage in the
practice of law must be a member of the Bar in accordance with the Supreme Court Rules (Ariz.
Sup. Ct. Rules, Rule 32).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows the legislature to appoint attorneys who are licensed in Arizona, rather than members
of the Bar, as judges pro tempore of courts inferior to the Supreme Court.
2. Removes the requirement that the five attorney members of the Commission on Appellate
Court Appointments be nominated by the Board of Governors of the Bar.
3. Removes the requirement that the five attorney members of the Commission on Trial Court
Appointments be nominated by the Board of Governors of the Bar. FACT SHEET
S.C.R. 1026
Page 2
4. Provides that the two attorney members of the commission on judicial conduct are attorneys
licensed in Arizona, rather than members of the Bar appointed by the Governing Body of the
Bar.
5. Removes the staggered term limits for the initial appointments of the non-attorney and attorney
members of the Commission on Appellate Court Appointments.
6. Removes the staggered term limits as prescribed for the initial appointments of the
non-attorney and attorney members of the Commission on Trial Court Appointments.
7. Specifies that, on the effective date of this legislation, the members of the Commission on
Appellate Court Appointments who are currently serving may continue to serve until the
expiration of their normal terms.
8. Requires the Secretary of State to submit the proposition to the voters at the next general
election.
9. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 14, 2023
ZD/KS/sr