A PROPOSITION.

NO. 82.

Introduced by Mr. Lynch of Graham County.

A Proposition Relative to Judiciary.

It is hereby proposed:

Sec. 1. The judicial powers of the State as to matters of law and equity, except as in the constitution otherwise provided, shall be vested in a supreme court, superior courts, justices of the peace, and such other courts as may be provided by law.

Sec. 2. The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum and pronounce a decision, the said court shall always be open for the transaction of business, except on non-judicial days. In the determining of causes all decisions of the court shall be given in writing and the grounds of the decision shall be stated.

The number of judges may be increased or diminished from time to time by law; provided, however, that the said court shall at all times, be constituted of not less than three members; separate departments of said court may be provided by law.

Sec. 3. The judges of the supreme court shall be elected by the qualified electors of the State at large, at a general state election at the time and place at which said officers are elected, unless otherwise provided by law.

The first election of judges of the supreme court shall be at the first general election which shall be held after the approval of this constitution by the Congress and President of the United States: and the judges elected thereat shall be classified by lot, so that one shall hold office for a term of six years, one for a term of four years, and one for a term of two years, from and after the first Monday of January next succeeding said election provided that the said term shall be taken and held to include all time between the date of the final admission of the State of Arizona into the Union and the first Monday in January next succeeding such election. The lot shall be drawn by the judges who shall assemble for that purpose at the seat of government and shall cause the result to be certified to the secretary of state and filed in his office.

The Judge having the shortest time to serve and not holding his office by appointment or election to fill the vacancy, shall be the chief of justice and shall preside at all sessions of the supreme court. In case of absence of the chief justice, the judge having in like manner the next shortest term to serve, shall preside.

After the first election the terms of judges elected shall be six years from and after the first Monday in January, next succeeding their election. If a vacancy occur in the office of a judge of the supreme court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election; and the judge so elected shall hold office for the remainder of the unexpired term.

The term of office of judges of the supreme court first elected, shall commence as soon as the State shall have been admitted into the Union and continue for a term herein provided, and until their successors are elected and qualified.

The sessions of the supreme court shall be held at the seat of government.

Sec. 4. The supreme court shall have original jurisdiction in habeas corpus and quo warranto and mandamus as to all State officers. It shall have appellate jurisdiction in all actions and proceedings, but its appellate jurisdiction shall not extend to civil actions at law for the recover of money or personal property where the original amount is controversy or the value of the property does not exceed the sum of three hundred dollars, unless the action involves validity of the tax impost, assessment, toll, municipal fine or statute.

The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.

Each of the judges of the supreme court shall have the power to issue writs of habeas corpus to any part of the state upon petition by, or on, behalf of any person held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any superior court of the state or any judge thereof.

Sec. 5. No person shall be eligible to the office of judge of the supreme court, unless he be learned in the law, be at least thirty years of age, and a citizen of the United States; nor unless he shall have resided in this State or territory at least three years next preceeding his election.

Sec. 6. There shall be in each of the organized counties of this State a superior court, for which at least one judge shall be elected by the qualified electors of the county at the general election, provided, however, that each county having a census enumeration greater than twenty thousand inhabitants, shall have one superior judge for ever additional twenty thousand inhabitants, or majority fraction thereof. In any county where there shall be more than one superior judge, there may be as many sessions of the superior court at the same time as there are judges thereof, and the business of the court shall be so distributed and assigned by law, or in absence of legislation therefor, by such rules and orders of the court, as shall best promote and secure the convenient and expeditious transaction thereof.

The judgments, decrees, orders and proceedings of any session of the superior court shall be equally effectual as if all the judges of said court had presided at such sessions.

The first election of judges of the superior court shall be at the first general election held after the approval of the constitution by the Congress and the President of the United States. The judges so elected shall hold office for the period of four years, from and after the first Monday of January next succeeding such election; provided that the said term shall be taken and held to include all time between the date of the final admission of the State of Arizona into the Union and the first Monday in January next succeeding such election, until their successors are elected and qualified; thereafter the term of all superior judges shall be for four years from the first Monday in January next succeeding their election, and until their successors are elected and qualified. If a vacancy occurs in the office of judge of the superior court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall be at the next succeeding general election; and the judge so elected shall office for the remainder of the unexpired term.

Sec. 7. The superior court shall have original jurisdiction in all cases of equity and in all cases at law which involve the title to, or possession of real property, or the legality of any tax impost, assessment, toll, or municipal fine, and in all other cases in which the demand, or value of the property in controversy amounts to one hundred dollars and in all criminal cases amounting to felony, and in all cases of misdemeanor, not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent and abate nuisance, of all matters of probate; of divorce; for the annulment of marriage; and for such special cases and proceedings as are not otherwise provided for.

The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court, and said court shall have the power of naturalization, and to issue papers therefor. They shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties, as may be prescribed by law. Their process shall extend to all parts of the state.

The superior court shall at all times, except on non-judicial days, be open for determination of non-jury civil causes and for the transaction of business. For the determination of civil causes and matters in which the jury demand has been entered, and for the trial of criminal causes, a trial jury shall be drawn and summoned from the body of the county at least three times a year.

Superior courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition and writs of habeas corpus, on petition by, or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and habeas corpus may be issued and served on legal holidays and non-judicial days.

Sec. 8. The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and upon request of the governor it shall be his duty so to do.

Sec. 9. Any judicial officer who shall absent himself from the State for more than sixty consecutive days shall be deemed to have forfeited his office, provided that in cases of extreme necessity the governor may extend the leave of absence as the necessity therefor shall exist.

Sec. 10. The number of justices of the peace to be elected in incorporated cities and towns and in precincts, and the powers, duties and jurisdiction of justices of the peace, shall be determined by law, provided that such jurisdiction granted shall not trench upon the jurisdiction of any court record, except that justices of the peace may be made police justices of incorporated cities and towns.

Sec. 11. The supreme court and superior courts shall be courts of record. Other courts of records may be established by law, but courts of the peace shall not be courts of record.

No judicial officer, except court commissioners and non-salaried justices of the peace, shall receive to his own use any fees or perquisites of office.

The judges of the supreme court and judges of the superior courts shall severally, at stated times during their continuances of office, receive for their services salaries prescribe by law therefor, which shall not be increased or diminished after their election, nor during the term for which they shall have been elected.

The salaries of judges of the supreme court shall be paid by the State. One half of the salary of each of the superior court judges shall be paid by the state and the other one-half by the county for which he is elected. Each of judges of the supreme court shall receive an annual salary of five thousand dollars. Each of the judges of the superior courts shall receive such annual salary as may be provided by law; until such salaries of superior judges shall be determined by law, the judges of superior courts in and for the counties of the territory having a population of less than ten thousand inhabitants shall receive a salary of two thousand dollars per annum; those of counties having a population not greater than fifteen thousand inhabitants, and greater than ten thousand inhabitants, shall receive a salary of twenty-five hundred dollars per annum; those of counties having a population greater than fifteen thousand inhabitants shall receive a salary of three thousand dollars per annum.

Sec. 12. Judges of the supreme court and judges of the superior courts shall be ineligible to any office of public employment, other than a judicial office of employment during the term for which they shall have been elected.

Sec. 13. Judges shall not charge juries with respect to matters of fact nor comment thereon, but shall declare the law.

No person shall be eligible to the office of judge of a court of record unless he shall have been admitted to practice in the supreme court of this state or of the Territory of Arizona.

Sec. 14. The judges of the supreme court shall appoint a reporter for the decisions of that court, who shall be removable at their pleasure. He shall receive such annual salary as may be prescribed by law; and the supreme court shall have the power to fix said salary until the same shall be determined by law.

Sec. 15. Every case submitted to the judge of the superior court for his decision shall be decided by him within sixty days from the submission thereof, provided that if within said period of sixty days, a re-hearing shall have been ordered, the period within which he has to decide shall commence at the time the case is submitted upon such a re-hearing.

Sec. 16. Provision for the speedy publication of opinions of the supreme court shall be made by law, and all opinions shall be free for publication by any person.

Sec. 17. The judges of the supreme court shall appoint a clerk of that court, who shall be removable at their pleasure and shall receive such compensation by salary only, as may be provided by law; and the supreme court shall have the power to fix said salary until the same shall be determined by law.

Sec. 18. There shall be elected in each county by the qualified electors thereof, at the time of the election of superior judges thereof, a clerk of the supreme court, who shall receive such compensation by salary only, as shall be provided by law. Said clerk shall hold office for a term of four years.

Sec. 19. The judges of the superior courts may appoint such court commissioners in their respective counties as may be deemed necessary.

Sec. 20. The style of all process shall be "The State of Arizona" and all prosecutions shall be conducted in its name and by its authority.

Sec. 21. Every judge of the supreme court and every judge of the superior court shall, before entering upon the duties of his office, take a subscribed oath that he will support the constitution of the United States and the constitution of the State of the Arizona and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the Secretary of State.

• Proposition Number 82 - Judiciary (introduced on 1910-10-27 09:00:00 - CREATE_FROM - e935597) [This document] [view current proposal at this moment]
  • Motion to Read Proposition Number 82 a Second Time (introduced on 1910-10-27 09:00:00 - PROCEDURE - e935736) [view current proposal at this moment]
    • None (introduced on 1910-10-27 09:00:00 - ADOPT_PROPOSAL - e935740) [view current proposal at this moment]
  • None (introduced on 1910-10-27 09:00:00 - REPORT_PROPOSAL - e935743) [view current proposal at this moment]