SCR 1044
Initials JH Page 1 Municipal Oversight & Elections
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: ELEC DPA 4-3-1-0 | 3
rd
Read: 16-14-0-0
SCR1044: judicial retention elections
Sponsor: Senator Gowan, LD 19
Committee on Municipal Oversight & Elections
Overview
A ballot measure proposing to amend the Arizona Constitution to revise the judicial retention
process by requiring a vote of retention only in specified circumstances.
History
Judicial Terms of Office
Superior Court Judges generally serve regular terms of four years in office, except that
appointed judges hold office for a term of two years, ending 60 days after the next regular
general election, then four year terms of office thereafter (Art. 6 § 12 & 37, Const. of Ariz.).
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. Court of
Appeals judges are appointed by the Governor to initial terms of at least two years before
being subject to a retention election. The voters then consider the judges for retention every
six years (Art. 6 § 37, Const. of Ariz., A.R.S. § 12-120.01).
The Arizona Supreme Court is responsible for reviewing appeals and providing rule of
procedure for all courts in Arizona. Justices of the Supreme Court hold a regular term of six
years in office (Art. 6 § 4 & 5, Const. of Ariz.).
Arizona Commission on Judicial Performance Review
In 1992 Arizona voters voted to amend the state Constitution to create a process for
evaluating the performance of judges appointed through merit selection. The Constitution
requires that the performance evaluation process include input from the public and that
judicial performance reports be given to the voters before the state's general election. The
Commission on Judicial Performance Review (JPR Commission) was created to conduct the
periodic performance reviews of appointed judges required by the Constitution. The Arizona
Supreme Court sets the standards for judicial performance including whether judges can
apply the law fairly, treat people with respect and manage a courtroom (Art. VI § 42, Const.
of Ariz., JPR Commission).
Judicial Retention Elections
Judges and justices must file a declaration expressing a desire to be retained in office with
the appropriate filing officer at least 90 days before the regular general election before their
term of office expires. A judge or justice's term in office will expire upon the expiration of that
judge or justice's term if they fail to file a declaration expressing a desire to be retained (Art.
IV, § 38, Const. of Ariz.).
SCR 1044
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Provisions
Regular Terms of Office
1. Allows a Justice of the Supreme Court to hold office indefinitely during good behavior.
(Sec. 1)
2. Allows Judges of Intermediate Appellate Courts to hold office indefinitely during good
behavior. (Sec. 2)
3. Allows Judges of the Superior Court, in counties with a population of 250,000 or more, to
hold office indefinitely during good behavior. (Sec. 3)
Judicial Retention
4. Establishes the following circumstance in which a justice or judge of the Supreme Court,
an Intermediate Appellate Court or, for counties with a population of at least 250,000, a
Superior Court is subject to a vote of retention:
a) upon conviction of a felony offense;
b) upon conviction of a crime involving fraud or dishonesty;
c) upon the initiation of personal bankruptcy proceedings in which the justice or judge
is a debtor;
d) the foreclosure of any mortgage for which the justice or judge is a mortgagor; and
e) a determination by the body responsible for evaluating judicial performance that the
judge or justice does not meet judicial performance standards. (Sec. 5)
5. Instructs a justice or judge who is subject to a vote of retention to file with the appropriate
filing officer within the prescribed timeframe. (Sec. 5)
6. Specifies that events requiring a vote of retention that occur less than 120 days before a
regular general election require the declaration to be filed between 60 and 90 days before
the next ensuing regular general election. (Sec. 5)
7. Directs the Chief Justice of the Supreme Court to provide to the Secretary of State a list
of all justices and judges subject to a vote of retention no later than 120 days before the
regular general election. (Sec. 5)
8. Specifies the Chief Justice of the Supreme Court is responsible for determining whether
a justice or judge is subject to retention. (Sec. 5)
9. Directs the Vice Chief Justice of the Supreme Court to determine, in the appropriate
situations, whether the Chief Justice of the Supreme Court is subject to a vote of
retention. (Sec. 5)
10. Asserts that if a majority of those voting vote not to retain a justice or judge, a vacancy in
that office exists on January 1 the year after the general election. (Sec. 5)
11. Clarifies that if a justice or judge is subject to a vote of retention but fails to file a
declaration for retention with the appropriate filing officer, the justice or judge's office
becomes vacant on January 1 the year after the general election at which the individual
would have been a candidate for retention. (Sec. 5).
12. Clarifies that Judges of an Intermediate Appellate Court who are subject to a vote of
retention must be elected for retention on a statewide basis. (Sec. 5)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SCR 1044
Initials JH Page 3 Municipal Oversight & Elections
Retention Evaluations
13. Applies the required judicial performance evaluations only to Judges of the Superior
Court in counties with a population of 250,000 or more and Judges of the Superior Court
in counties with less than 250,000 at the county's discretion. (Sec. 8)
14. Requires the evaluation of the appropriate judges at least every 4 years from the year of
first appointment. (Sec. 8)
Miscellaneous
15. Removes language requiring appointed justices and judges to hold office for a term ending
60 days after the next regular general election after the expiration of a term of 2 years in
office. (Sec. 4)
16. Contains a retroactivity clause. (Sec. 9)
17. Requires the Secretary of State to submit the proposition to the voters at the next general
election.
18. Becomes effective if approved by the voters and on proclamation of the Governor.
19. Makes technical and conforming changes. (Sec. 4, 5, 6, 7).