Arizona Constitution|Section 36 - Commission on appellate court appointments and terms, appointments and vacancies on commission

                                                




 36.  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 a term expiring or within twenty-one days
      of 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,
      reflect the diversity of the population of the 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.

      Attorney members of the commission shall have resided in the 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 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 state until one year after he
      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.  No person other than the chief justice shall serve at the same time
      as a member of more than one judicial appointment commission.

      C.  In making or confirming appointments to the appellate court
      commission, the governor, the senate and the state bar shall endeavor to see
      that the commission reflects the diversity of Arizona's population.

      In the event of the absence or incapacity of the chairman the supreme
      court shall appoint a justice thereof to serve in his place and stead.

      D.  Prior to 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 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 as
      state officers are paid, upon claims approved by the chairman.

      E.  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.  The members currently serving on the commission may continue to
      serve until the expiration of their normal terms.  All subsequent appointments
      shall be made as prescribed by this section.