JUDICIARY'S SUBSTITUTE

PROPOSITION No. 82.

Sec. 1. The judicial power of the State shall be vested in a supreme court, superior courts, justices of the peace, and such courts inferior to the superior 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 determination of causes, all decisions of the court shall be given in writing, and the grounds of the decisions 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 judges.

Sec. 3. Judges of the supreme court shall be elected at the general election to be held under the provisions of the Enabling Act. Their term of office shall be co-terminous with that of the Governor of the State, and the one receiving the highest number of votes shall be the chief justice. At the first general State election held in this State, at which a Governor is voted for, three judges of the supreme court shall be elected and the judges elected 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 a term of two years, from and after the first Monday in January next succeeding said election. The lot shall be drawn by the judges who shall assemble for that purpose at the capital and shall cause the result to be certified to the Secretary of State, who shall file the same in his office.

The judge having the shortest time to serve and not holding his office by appointment, or election to fill a vacancy, shall be the chief 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 shortest term to serve shall preside.

After the first State election the terms of the judges shall be six years from and after the first Monday in January next succeeding their election.

If a vacancy occur in the office of 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 elections shall take place at the next succeeding general election, and the person so elected shall hold office for the remainder of the unexpired term.

Whenever for any reason any judge shall be disqualified from acting in any cause brought before said court, the remaining judges of said court shall call one of the superior judges to sit with them on the hearing of said cause.

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

The judges of the supreme court shall be elected at the general state election by the qualified electors of the state at large. The names of all candidates for the office of supreme judge shall be placed on the regular ballot in alphabetical order without partisan or other designation except the title of the office.

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 recovery of money or personal property where the original amount in controversy or the value of the property does not exceed the sum of two hundred dollars, unless the action involves the validity of a tax, import, 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.

The supreme court shall have original and exclusive jurisdiction to hear and determine all cases between counties concerning disputed boundaries or surveys thereof or concerning claims of one county against another. Such trials shall be to the court, without jury.

Each of the judges of the supreme court shall have 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. There shall be in each of the organized counties of this state superior courts, for which at least one judge shall be elected by the qualified electors of the county at the general election, provided, however, that until otherwise directed by law one judge only shall be elected for the counties of Navajo and Apache, and provided that for each county having a census enumeration greater than twenty thousand inhabitants, one superior judge for every additional twenty thousand inhabitants, or majority fraction thereof may be provided by law: 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 the 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 judges of the superior courts shall be elected at the general election to be held under the provisions of the Enabling Act. The term of office shall be co-terminous with that of the Governor of the State. Thereafter the term of office of all superior judges shall be four years, from and after the first Monday in January next succeeding their election and until their successors are elected and qualified.

All superior court judges shall be elected at the general state election. The names of all candidates for the office of superior court judge shall be placed on the regular ballot in alphabetical order, without any partisan or other designation except the title of the office. If a vacancy occur in the ofifice of the 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 hold office for the remainder of the unexpired term.

Sec. 6. 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 two hundred dollars and in all criminal cases amounting to felony, and in all cases of misdemeanor otherwise provided for by law; of actions of forcible entry and detainer; of proceedings of insolvency; of actions to prevent and abate nuisance; of all matters of probate; of divorce and for 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. The process shall extend to all parts of the state.

The superior court shall at all times, except on non-judicial days, be open for the determination of non-jury causes and for transaction of business. For the determination of civil causes and matters in which a jury demand has been entered, and for the trail 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, attachments and writs of prohibition and habeas corpus may be issued and served on legal holidays and non-judicial days.

Sec. 7. 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 in case of the disqualification or inability of the judge thereof to serve and upon request of the Governor, it shall be his duty to do so.

Sec. 8. 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 such time as the necessity therefor shall exist.

Sec. 9. 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 of record, and provided that justices of the peace may be made police justices of incorporated cities and towns.

In incorporated cities and towns having more than five thousand inhabitants, the justices of the peace shall receive such salary as may be provided by law, and shall receive no fees for their own use.

Sec. 10. The supreme court and superior courts shall be courts of record. Other courts of record may be established by law, but courts of justices of the peace shall not be courts of record.

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 or counties for which he is elected. Each of the judges of the supreme court shall receive an annual salary of seven thousand dollars. The judges of superior courts in and for the counties of Maricopa, Pima and Cochise shall each receive five thousand dollars per annum; the judges of superior courts in and for the counties of Gila and Yavapai shall each receive four thousand dollars per annum; the judges of superior courts in and for the counties of Santa Cruz, Yuma, Pinal, Graham, Greenlee, Coconino, and Mohave, shall each receive three thousand five hundred dollars per annum; the judges of superior courts in and for the counties of Apache and Navajo shall receive four thousand dollars per annum. In case where there is to be judge for more than one county, that portion of his salary which is to be paid by the counties, shall be apportioned between them or among them according to the assessed value of their taxable property, to be determined by the assessment next preceding the time which said salary is to be paid.

Sec. 11. Judges of the supreme court and judges of the superior courts shall not be eligible to any offices or public employment, other than a judicial office or employment during the term for which they shall have been elected.

Sec. 12. Judges shall not charge juries with respect to matters of fact nor comment thereon, but shall declare the law.

No judge of a court of record shall practice law in any court of this state during his continuance in office.

Sec. 13. No persons shall be eligible for the office of judge of the supreme court, unless he be learned in the law, at least thirty years of age, and shall have been admitted to practice before the highest courts of this state or the territory of Arizona, for at least five years, and shall have been a resident of this state or the territory of Arizona for five years preceding his election.

No person shall be eligible for the office of judge of the superior courts, unless he be learned in the law, at least twenty-five years of age and shall have been admitted to practice before the highest courts of this state or of the territory of Arizona, for at least two years and shall have been a resident of this state or territory of Arizona for two years next preceding his election.

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 a superior court for his decision shall be decided 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 had to decide shall commence at the time the case is submitted upon such rehearing.

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 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 superior court, who shall have such powers and perform such duties and receive such compensation by salary only, as shall be provided by law. Said clerk shall hold office for a like term of the superior judges for said county.

The judges of the superior court may appoint such court commissioners in their respective counties as may be deemed necessary, who shall have such powers and perform such duties and receive such compensation as may be provided by law.

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 courts shall, before entering upon the duties of the office, take and subscribe an oath that he will support the Constitution of the United States and the Constitution of the State of 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.

• Substitute Proposition Number 82 (introduced on 1910-11-11 09:30:00 - CREATE_FROM - e938103) [This document] [view current proposal at this moment]
  • Motion to Resolve into the Committee of the Whole (introduced on 1910-11-11 09:30:00 - PROCEDURE - e938131) [view current proposal at this moment]
    • None (introduced on 1910-11-11 09:30:00 - ADOPT_PROPOSAL - e938136) [view current proposal at this moment]