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| 47 | 62 | | |
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| 48 | 63 | | |
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| 49 | 64 | | A Concurrent Resolution |
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| 50 | 65 | | |
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| 51 | 66 | | |
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| 52 | 67 | | |
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| 53 | 68 | | proposing an amendment to the Constitution of Arizona; amending article VI, sections 31, 36 and 41, Constitution of Arizona; amending article VI.I, section 1, Constitution of Arizona; relating to the judicial department. |
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| 54 | 69 | | |
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| 55 | 70 | | |
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| 57 | 72 | | |
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| 58 | 73 | | |
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| 59 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 61 | 76 | | |
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| 62 | 77 | | |
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| 63 | 78 | | Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring: 1. Article VI, section 31, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: START_STATUTE31. Judges pro tempore Section 31. A. The legislature may provide for the appointment of members of the bar having attorneys who are licensed in this state and who have the qualifications provided in section 22 of this article as judges pro tempore of courts inferior to the supreme court, except that justices of the peace pro tempore shall have the same qualifications as justices of the peace and do not have 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 judge 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 10 of this article shall does not apply to the appointment of judges pro tempore of the superior court. END_STATUTE 2. Article VI, section 36, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: CONST36. Commission on appellate court appointments and terms, appointments and vacancies on commission Section 36. A. There shall be a nonpartisan commission on appellate court appointments which shall be composed of the chief justice of the supreme court, who shall be chairman, five attorney members, who shall be nominated by 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 manner prescribed by law, and ten nonattorney members who shall be appointed by the governor with the advice and consent of the senate in the manner prescribed by law. At least ninety days prior to before a term expiring or within twenty-one days of after a vacancy occurring for a nonattorney member on the commission for appellate court appointments, the governor shall appoint a nominating committee of nine members, not more than five of whom may be from the same political party. The makeup of the committee shall, to the extent feasible, shall reflect the diversity of the population of the this state. 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. B. Attorney members of the commission shall have resided in the this state and shall have been admitted to practice before the supreme court for not less than five years. Not more than three attorney members shall be members of the same political party and not more than two attorney members shall be residents of any one county. Nonattorney members shall have resided in the this state for not less than five years and shall not be judges, retired judges or admitted to practice before the supreme court. Not more than five nonattorney members shall be members of the same political party. Not more than two nonattorney members shall be residents of any one county. None of the attorney or nonattorney members of the commission shall hold any governmental office, elective or appointive, for profit, and no attorney member shall be eligible for appointment to any judicial office of the this state until one year after he the attorney member ceases to be a member. Attorney members of the commission shall serve staggered four-year terms and nonattorney members shall serve staggered four-year terms. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments. B. C. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission. C. D. In making or confirming appointments to the appellate court commission, the governor, and the senate and the state bar shall endeavor to see ensure that the commission reflects the diversity of Arizona's this state's population. E. In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof of THE supreme court to serve in his the chairman's place and stead. D. F. Prior to Before making recommendations to the governor as hereinafter provided, 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 this state's population, 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 general fund as state officers are paid, upon on claims approved by the chairman. E. G. After public hearings the supreme court shall adopt rules of procedure for the commission on appellate court appointments. F. Notwithstanding the provisions of subsection A, the initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor for staggered terms 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 appointments for an attorney member shall be for a two-year term. G. H. The members currently serving on the commission on the effective date of this amendment to this section may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section. CONST 3. Article VI, section 41, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: CONST41. Superior court divisions; commission on trial court appointments; membership; terms 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 of the supreme court to serve in his the chairman's 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 before a term expiring expires or within twenty-one days of after a vacancy occurring occurs 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 makeup of the committee shall, to the extent feasible, shall 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, and 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 or 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 Before 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 on 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 general fund 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. CONST 4. Article VI.I, section 1, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: 1. Composition; appointment; term; vacancies Section 1. A. A commission on judicial conduct is created to be established and composed of eleven persons consisting of two judges of the court of appeals, two judges of the superior court, one justice of the peace and one municipal court judge, who shall be appointed by the supreme court, two members of the who are licensed attorneys in this state bar of Arizona, who shall be appointed by the governing body of such bar association, and three citizens who are not judges, retired judges nor members of the or attorneys licensed in this state bar of Arizona, who shall be appointed by the governor subject to confirmation by the senate in the manner prescribed by law. B. Terms of members of the commission shall be six years, except that initial terms of two members appointed by the supreme court and one member appointed by the state bar of Arizona for terms which begin in January, 1991 shall be for two years and initial terms of one member appointed by the supreme court and one member appointed by the state bar of Arizona for terms which begin in January, 1991 shall be for four years. If a member ceases to hold the position that qualified him the person for appointment his the person's membership on the commission terminates. An appointment to fill a vacancy for an unexpired term shall be made for the remainder of the term by the appointing power of the original appointment. 5. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona. |
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| 64 | 79 | | |
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| 65 | 80 | | Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring: |
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| 66 | 81 | | |
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| 67 | 82 | | 1. Article VI, section 31, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: |
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| 68 | 83 | | |
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| 69 | 84 | | START_STATUTE31. Judges pro tempore |
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| 70 | 85 | | |
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| 71 | 86 | | Section 31. A. The legislature may provide for the appointment of members of the bar having attorneys who are licensed in this state and who have the qualifications provided in section 22 of this article as judges pro tempore of courts inferior to the supreme court, except that justices of the peace pro tempore shall have the same qualifications as justices of the peace and do not have to reside in the precinct in which the justice of the peace pro tempore is appointed to serve. |
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| 72 | 87 | | |
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| 73 | 88 | | B. When serving, any such person shall have all the judicial powers of a regular elected judge 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 10 of this article shall does not apply to the appointment of judges pro tempore of the superior court. END_STATUTE |
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| 74 | 89 | | |
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| 75 | 90 | | 2. Article VI, section 36, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: |
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| 76 | 91 | | |
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| 77 | 92 | | CONST36. Commission on appellate court appointments and terms, appointments and vacancies on commission |
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| 78 | 93 | | |
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| 79 | 94 | | Section 36. A. There shall be a nonpartisan commission on appellate court appointments which shall be composed of the chief justice of the supreme court, who shall be chairman, five attorney members, who shall be nominated by 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 manner prescribed by law, and ten nonattorney members who shall be appointed by the governor with the advice and consent of the senate in the manner prescribed by law. At least ninety days prior to before a term expiring or within twenty-one days of after a vacancy occurring for a nonattorney member on the commission for appellate court appointments, the governor shall appoint a nominating committee of nine members, not more than five of whom may be from the same political party. The makeup of the committee shall, to the extent feasible, shall reflect the diversity of the population of the this state. 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. |
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| 80 | 95 | | |
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| 81 | 96 | | B. Attorney members of the commission shall have resided in the this state and shall have been admitted to practice before the supreme court for not less than five years. Not more than three attorney members shall be members of the same political party and not more than two attorney members shall be residents of any one county. Nonattorney members shall have resided in the this state for not less than five years and shall not be judges, retired judges or admitted to practice before the supreme court. Not more than five nonattorney members shall be members of the same political party. Not more than two nonattorney members shall be residents of any one county. None of the attorney or nonattorney members of the commission shall hold any governmental office, elective or appointive, for profit, and no attorney member shall be eligible for appointment to any judicial office of the this state until one year after he the attorney member ceases to be a member. Attorney members of the commission shall serve staggered four-year terms and nonattorney members shall serve staggered four-year terms. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments. |
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| 82 | 97 | | |
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| 83 | 98 | | B. C. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission. |
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| 84 | 99 | | |
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| 85 | 100 | | C. D. In making or confirming appointments to the appellate court commission, the governor, and the senate and the state bar shall endeavor to see ensure that the commission reflects the diversity of Arizona's this state's population. |
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| 86 | 101 | | |
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| 87 | 102 | | E. In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof of THE supreme court to serve in his the chairman's place and stead. |
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| 88 | 103 | | |
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| 89 | 104 | | D. F. Prior to Before making recommendations to the governor as hereinafter provided, 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 this state's population, 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 general fund as state officers are paid, upon on claims approved by the chairman. |
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| 90 | 105 | | |
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| 91 | 106 | | E. G. After public hearings the supreme court shall adopt rules of procedure for the commission on appellate court appointments. |
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| 92 | 107 | | |
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| 93 | 108 | | F. Notwithstanding the provisions of subsection A, the initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor for staggered terms as follows: |
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| 94 | 109 | | |
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| 95 | 110 | | 1. One appointment for a nonattorney member shall be for a one-year term. |
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| 96 | 111 | | |
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| 97 | 112 | | 2. Two appointments for nonattorney members shall be for a two-year term. |
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| 98 | 113 | | |
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| 99 | 114 | | 3. Two appointments for nonattorney members shall be for a three-year term. |
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| 100 | 115 | | |
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| 101 | 116 | | 4. One appointment for an attorney member shall be for a one-year term. |
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| 102 | 117 | | |
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| 103 | 118 | | 5. One appointments for an attorney member shall be for a two-year term. |
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| 104 | 119 | | |
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| 105 | 120 | | G. H. The members currently serving on the commission on the effective date of this amendment to this section may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section. CONST |
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| 106 | 121 | | |
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| 107 | 122 | | 3. Article VI, section 41, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: |
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| 108 | 123 | | |
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| 109 | 124 | | CONST41. Superior court divisions; commission on trial court appointments; membership; terms |
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| 110 | 125 | | |
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| 111 | 126 | | 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. |
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| 112 | 127 | | |
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| 113 | 128 | | 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: |
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| 114 | 129 | | |
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| 115 | 130 | | 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 of the supreme court to serve in his the chairman's place and stead. |
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| 116 | 131 | | |
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| 117 | 132 | | 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. |
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| 118 | 133 | | |
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| 119 | 134 | | 3. Ten nonattorney members, no more than two of whom shall reside in the same supervisorial district. |
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| 120 | 135 | | |
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| 121 | 136 | | C. At least ninety days prior to before a term expiring expires or within twenty-one days of after a vacancy occurring occurs 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 makeup of the committee shall, to the extent feasible, shall 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. |
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| 122 | 137 | | |
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| 123 | 138 | | D. In making or confirming appointments to trial court commissions, the governor, and the senate and the state bar shall endeavor to see that the commission reflects the diversity of the county's population. |
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| 124 | 139 | | |
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| 125 | 140 | | 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: |
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| 126 | 141 | | |
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| 127 | 142 | | 1. One appointment for a nonattorney member shall be for a one-year term. |
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| 128 | 143 | | |
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| 129 | 144 | | 2. Two appointments for nonattorney members shall be for a two-year term. |
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| 130 | 145 | | |
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| 131 | 146 | | 3. Two appointments for nonattorney members shall be for a three-year term. |
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| 132 | 147 | | |
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| 133 | 148 | | 4. One appointment for an attorney member shall be for a one-year term. |
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| 134 | 149 | | |
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| 135 | 150 | | 5. One appointment for an attorney member shall be for a two-year term. |
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| 136 | 151 | | |
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| 137 | 152 | | F. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments. |
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| 138 | 153 | | |
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| 139 | 154 | | 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 or 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. |
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| 140 | 155 | | |
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| 141 | 156 | | H. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission. |
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| 142 | 157 | | |
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| 143 | 158 | | 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. |
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| 144 | 159 | | |
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| 145 | 160 | | J. Prior to Before 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 on 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 general fund as state officers are paid, upon claims approved by the chairman. |
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| 146 | 161 | | |
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| 147 | 162 | | K. After public hearings the supreme court shall adopt rules of procedure for the commission on trial court appointments. |
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| 148 | 163 | | |
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| 149 | 164 | | 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. CONST |
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| 150 | 165 | | |
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| 151 | 166 | | 4. Article VI.I, section 1, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: |
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| 152 | 167 | | |
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| 153 | 168 | | 1. Composition; appointment; term; vacancies |
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| 154 | 169 | | |
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| 155 | 170 | | Section 1. A. A commission on judicial conduct is created to be established and composed of eleven persons consisting of two judges of the court of appeals, two judges of the superior court, one justice of the peace and one municipal court judge, who shall be appointed by the supreme court, two members of the who are licensed attorneys in this state bar of Arizona, who shall be appointed by the governing body of such bar association, and three citizens who are not judges, retired judges nor members of the or attorneys licensed in this state bar of Arizona, who shall be appointed by the governor subject to confirmation by the senate in the manner prescribed by law. |
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| 156 | 171 | | |
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| 157 | 172 | | B. Terms of members of the commission shall be six years, except that initial terms of two members appointed by the supreme court and one member appointed by the state bar of Arizona for terms which begin in January, 1991 shall be for two years and initial terms of one member appointed by the supreme court and one member appointed by the state bar of Arizona for terms which begin in January, 1991 shall be for four years. If a member ceases to hold the position that qualified him the person for appointment his the person's membership on the commission terminates. An appointment to fill a vacancy for an unexpired term shall be made for the remainder of the term by the appointing power of the original appointment. |
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| 158 | 173 | | |
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| 159 | 174 | | 5. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona. |
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