Arizona Constitution|Section 37 - Judicial vacancies and appointments; initial terms; residence; age

                                                




 37.  Judicial vacancies and appointments; initial
                   terms; residence; age
Section 37. A.  Within sixty days from the occurrence of a
      vacancy in the office of a justice or judge of any court of record, except for
      vacancies occurring in the office of a judge of the superior court or a judge
      of a court of record inferior to the superior court, the commission on
      appellate court appointments, if the vacancy is in the supreme court or an
      intermediate appellate court of record, shall submit to the governor the names
      of not less than three persons nominated by it to fill such vacancy, no more
      than two of whom shall be members of the same political party unless there are
      more than four such nominees, in which event not more than sixty percentum of
      such nominees shall be members of the same political party.

      B.  Within sixty days from the occurrence of a vacancy in the office of
      a judge of the superior court or a judge of a court of record inferior to the
      superior court except for vacancies occurring in the office of a judge of the
      superior court or a judge of a court of record inferior to the superior court
      in a county having a population of less than two hundred fifty thousand
      persons according to the most recent United States census, the commission on
      trial court appointments for the county in which the vacancy occurs shall
      submit to the governor the names of not less than three persons nominated by
      it to fill such vacancy, no more than two of whom shall be members of the same
      political party unless there are more than four such nominees, in which event
      no more than sixty per centum of such nominees shall be members of the same
      political party.  A nominee shall be under sixty-five years of age at the time
      his name is submitted to the governor.  Judges of the superior court shall be
      subject to retention or rejection by a vote of the qualified electors of the
      county from which they were appointed at the general election in the manner
      provided by section 38 of this article.

      C.  A vacancy in the office of a justice or a judge of such courts of
      record shall be filled by appointment by the governor without regard to
      political affiliation from one of the nominees whose names shall be submitted
      to him as hereinabove provided.  In making the appointment, the governor shall
      consider the diversity of the state's population for an appellate court
      appointment and the diversity of the county's population for a trial court
      appointment, however the primary consideration shall be merit.  If the
      governor does not appoint one of such nominees to fill such vacancy within
      sixty days after their names are submitted to the governor by such commission,
      the chief justice of the supreme court forthwith shall appoint on the basis of
      merit alone without regard to political affiliation one of such nominees to
      fill such vacancy.  If such commission does not, within sixty days after such
      vacancy occurs, submit the names of nominees as hereinabove provided, the
      governor shall have the power to appoint any qualified person to fill such
      vacancy at any time thereafter prior to the time the names of the nominees to
      fill such vacancy are submitted to the governor as hereinabove provided.  Each
      justice or judge so appointed shall initially hold office for a term ending
      sixty days following the next regular general election after the expiration of
      a term of two years in office.  Thereafter, the terms of justices or judges of
      the supreme court and the superior court shall be as provided by this article.

      D.  A person appointed to fill a vacancy on an intermediate appellate
      court or another court of record now existing or hereafter established by law
      shall have been a resident of the counties or county in which that vacancy
      exists for at least one year prior to his appointment, in addition to
      possessing the other required qualifications. A nominee shall be under
      sixty-five years of age at the time his name is submitted to the governor.