MINORITY REPORT

ON COMMITTEE SUBSTITUTE PROPOSITION NO. 82

INTRODUCED BY A MINORITY OF THE COMMITTEE ON JUDICIARY.

The undersigned minority of the standing committee on Judiciary recommend the adoption of the following substitute proposition for Majority Committee Report, Committee Substitute Proposition No. 82.

H.R. Wood

Morris Goldwater

Edward M. Doe

It is hereby proposed:

Section 1. Until otherwise provided by law, the judicial power of the state shall be placed in one supreme court; in district courts, probate courts and justices of the peace.

Sec. 2. The supreme court shall be composed of three judges, one of whom shall be styled chief justice and the others justices, any two of whom shall constitute a quorum, and the concurrence of two judges shall, in every case, be necessary to a decision.

Sec. 3. The legislature of the state may, when it becomes necessary, increase the number of supreme judges as the necessity of judicial business shall require.

Sec. 4. The supreme court, except in cases otherwise provided by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions as may from time to time be prescribed by law. It shall have a general superintending control over all inferior courts of law and equity; and, in aid of its appellate and supervisory jurisdiction shall have power to issue writs of error and supersedeas, certiorari, habeas corpus, prohibition, mandamus and quo warranto and other remedial writs, and to hear and determine the same. Its judges shall be conservators of the peace throughout the state and shall severally have power to issue any of the aforesaid writs.

Sec. 5. In the exercise of its original jurisdiction the supreme court shall have power to issue writs of quo warranto to the district judges, and chancellors, if such court should be created, and to officers of political corporations when the question involved is the legal existence of such corporations.

Sec. 6. A judge of the supreme court shall be at least thirty years of age, of good moral character, and learned in the law; a citizen of the United States and three years resident of this state and who has been a practicing lawyer at least eight years or whose service upon the bench of any court of record when added to the time he may have practiced law shall be equal to eight years. The judges of the supreme court shall be elected by the qualified electors of the state and shall hold their offices during the term of six years from the first day of January succeeding the date of their election, but at the first election to be held under the provisions of the Enabling Act, the judges shall be elected as follows: One judge for a term of six years, another for a term of four years, and the third for a term of two years, one of whom shall hold his office for six years, the other for four years, and the other for two years from and after the date of his election.The judge receiving the highest number of votes shall hold six years, the next highest for four years, and the third for two years, and the judge holding the shortest term of office shall be the chief justice of the said court, and thereafter each judge to be elected to the supreme bench shall be elected for a term of six years.

Sec. 7. The supreme court shall appoint its clerk and reporter who shall hold their offices for six years, subject to removal for good cause.

Sec. 8. Until otherwise provided by law, the terms of the supreme court shall be held at the capital of the state at the times that now are or may hereafter be provided by law.

Sec. 9. In case all or any of the judges of the supreme court shall be disqualified from presiding in any cause or causes, the court or the disqualified judge or judges shall certify the same to the Governor, who shall immediately commission the requisite number of men learned in the law to sit in the trial and determination of such cause or causes.

Sec. 10. Until otherwise provided by law, the supreme judges shall at stated times receive as compensation or salary for their services which shall not be changed during the time for which they shall have been elected, the sum of seven thousand dollars per year. They shall not be allowed any fees or perquisites of office nor hold any other office of trust or profit under this state or the United States.

Sec. 11. District Courts. The district courts of this state shall have jurisdiction in all civil and criminal cases the exclusive jurisdiction of which may not be vested in some other court provided by this constitution, and supervisory control over all inferior courts which are now or may hereafter be provided by law, of inferior jurisdiction to their own.

Sec. 12. The district courts shall hold their term in each county at such times and places as are now or may hereafter be prescribed by law.

Sec. 13. Until otherwise provided by law, the state shall be divided into five districts to be made up of contiguous counties, for each of which a district judge shall be elected, who, during his continuance in office shall reside in and be a conservator of peace within the district for which he shall have been elected. Until otherwise provided by law, the districts shall be composed as follows: The first district to be composed of the counties of Pima and Yuma; the second district of the counties of Cochise and Santa Cruz: the third district of the counties of Maricopa and Pinal: the fourth district of the counties of Apache, Coconino, Navajo Mohave and Yavapai; the fifth district of the counties of Gila, Graham and Greenlee.

Sec. 14. The district courts shall exercise a superintending control and appellate jurisdiction over boards of supervisors, courts of probate, justices of the peace, juvenile courts, and such other inferior courts as may be established by law, and shall have power to issue, hear and determine all the necessary writs to carry into effect their general and specific powers, any of which writs may be issued upon the order of the judge of the appropriate court in vacation.

Sec. 15. Until otherwise provided by law, the district courts shall also have and exercise jurisdiction of all matters of law and equity, subject to appeal to the supreme court, in such manner as is now or may hereafter be prescribed by law.

Sec. 16. A judge of the district court shall be a citizen of the United States at least twenty-eight years of age, of good moral character, learned in the law, three years a resident of the State, and shall have practiced law five years or whose service upon the bench of any court of record when added to the time he may have practiced law shall be equal to five years.

Sec. 17. The judges of the district courts shall be elected by the qualified electors of the several districts and shall hold their offices for a term of four years

Sec. 18. The judges of the district courts shall, at stated times, as is now or may hereafter be provided by law, receive as salary, which shall not be changed during the term for which they are elected, the sum of five thousand dollars per year. They shall not be allowed any fees or perquisites of office nor hold any other office of trust or profit under this State or the United States.

Sec. 19. The clerks of the district courts shall be elected by the qualified electors of the several counties, for the term of two years, as other county officers may be elected.

Sec. 20. No judge or justice shall preside in the trial of any cause in the event of which he may be interested or where either of the parties shall be connected with him by consanguinity or affinity within such degree as is now or may hereafter be prescribed by law, or in which he may have of counsel or have presided in any inferior court.

Sec. 21. Whenever the office of judge of the district court of any county is vacant at the commencement of a term of such court, or the judge of said court shall fail to attend from any cause, the regular practicing attorneys in attendance on said court may meet at ten o'clock A.M. on the second day of the term and elect a judge from among the members of the bar present or practicing at said court, to preside at said court or until the regular judge shall appear, and if the judge of said court shall become sick or die, or unable to continue to hold such court after its term shall have commenced or shall from any cause be disqualified from presiding at the trial of any cause then pending therein or shall from any cause be absent, then the regular practicing attorneys in attendance on said court may in like manner, on notice from the judge or clerk of said court, elect a judge from among the members of the bar, to preside at such court or to try said causes, and the attorney so elected shall the same power and authority in said court as the regular judge would have had if present and presiding, but this authority shall cease at the close of the term for which the election shall be made. The special judge so elected shall have no interest in the case of cases to be tried by him and shall be learned in the law and a resident of the State.

Sec. 22. The judges of the district courts may temporarily exchange districts or hold courts for each other, under such regulations as are now or may hereafter be prescribed by law.

Sec. 23. The judges shall no charge juries with regard to matters of fact but shall declare the law, and in jury trials shall reduce their charges or instructions to writing on the request of either party.

Sec. 24. District Attorneys. Until otherwise provided by law, the qualified electors of each county shall elect a district attorney, who shall be learned in the law and hold his office for the term of two years and shall be a citizen of the State and of the United States.

Sec. 25. The judges of the supreme court, district courts and chancery courts, should be established, shall not during their continuance in office practice law or appear as counsel in any court, State or Federal within this State.

Sec. 26. The legislature shall have power to regulate by law the punishment of contempts not committed in the presence or hearing of the courts; or any disobedience of process.

Sec. 27. The district court shall have jurisdiction upon information, presentment or indictment, to remove any county or township officer fro office for incompetency, corruption, gross immorality, criminal conduct, malfeasance or nonfeasance in office.

Sec. 28. Probate Courts. The probate court of each county of this State shall be a court of record and shall have a clerk and seal and until otherwise provided by law, shall have original jurisdiction in matters relevant to the probate of Wills, the estate of deceased persons, executors, administrators, guardians and wards, persons of unsound mind and their estates, as is now or may hereafter be conferred by law, and such records, orders, judgments and decrees of district courts. A probate judge shall not have any partner who is permitted to practice before him in the probate court, nor shall he be interested in any fee to be paid to any lawyer practicing before him.

Sec. 29. Appeals may be taken from judgments and orders of the probate court to the district court under such regulation and restrictions as are now or may hereafter be prescribed by law, and the rial and hearing before the district court of such appeals shall be de novo.

Sec. 30. The judges of the probate courts shall be elected by the qualified electors of their respective counties as is now or may hereafter be provided by law, and they shall their term of office for the term of two years, unless otherwise provided by law, and their compensation shall be as now provided or as may hereafter be provided by law.

Sec. 31. Justices of the Peace Courts. Justices of the Peace shall have jurisdiction only as is affirmatively conferred on them by law and, until otherwise provided by law, shall have jurisdiction to try and determine all civil actions when the amount involved, exclusive of interest and costs, does not exceed three hundred dollars; and over criminal cases other than felonies where the punishment is a dine not exceeding three hundred dollars or imprisonment in the county jail not exceeding six months, or both. They shall have the jurisdiction of coroners and shall act as such, and appeals from the orders, decisions and judgments of the justice courts may be granted to the district courts in all criminal cases and in civil cases where the amount involved exceeds twenty-five dollars, and the cases thus appealed shall be tried de novo in the district courts.

Sec. 32. The justices of the peace shall be elected by the qualified electors of the township or precinct in which they reside, as is now or may hereafter be provided by law, and unless otherwise provided by law, shall hold their office for the term of two years.

Sec. 33. In all cases of contest for any county, precinct or municipal office, the same shall proceed as is now or may hereafter be provided by law, and appeal from the judgment of the said court hearing said contest shall lie as is now or may hereafter be provided by law.

• Minority Report on Substitute Proposition Number 82 (introduced on 1910-11-08 09:30:00 - CREATE_FROM - e937745) [This document] [view current proposal at this moment]
  • Motion to Print 500 Copies of Substitute Proposition Number 82 and the Minority Report on Substitute Proposition Number 82 (introduced on 1910-11-08 09:30:00 - PROCEDURE - e937764) [view current proposal at this moment]
    • None (introduced on 1910-11-08 09:30:00 - ADOPT_PROPOSAL - e937778) [view current proposal at this moment]