Judicial selection in Arizona

Judicial selection in Arizona
Arizona Supreme Court
Method:	Assisted appointment
Term:	2 or 6 years[1]
Arizona Court of Appeals
Method:	Assisted appointment
Term:	2 or 6 years[1]
Arizona Superior Court
Method:	Assisted appointment
Term:	2 or 4 years[2]
Arizona Justice Courts
Method:	Partisan election
Term:	4 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Arizona, including:

• Arizona Supreme Court,
• Arizona Court of Appeals,
• Arizona Superior Court, and
• Limited jurisdiction courts

As of March 2023, judges are selected through a variety of methods, varying by level of court and, in the case of the superior courts, by county population. The Arizona Supreme Court, Arizona Court of Appeals, and Arizona Superior Court use the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. The Arizona Superior Court also uses nonpartisan elections.^[3]

Click here to notify us of changes to judicial selection methods in this state.

Arizona Supreme Court

See also: Arizona Supreme Court

The seven justices on the Arizona Supreme Court are each appointed by the governor from a list of names compiled by the Arizona Commission on Appellate Court Appointments. The commission is composed of 16 members who serve staggered four-year terms. The membership includes 10 non-attorneys, five attorneys, and the chief justice of the supreme court, who chairs the commission.^[4]

The initial term of a new justice is at least two years, after which the justice stands for retention in an uncontested yes-no election. Subsequent terms last six years.^[5] For more information on these retention elections, visit the Arizona judicial elections page.

Qualifications

To serve on this court, a justice:^[6]

“

Must be admitted to the practice of law in Arizona and be a resident of Arizona for the 10 years immediately before taking office; May not practice law while a member of the judiciary; May not hold any other political office or public employment; May not hold office in any political party; May not campaign, except for him/herself; and, Must retire at age 70.[7]

”

Chief justice

The court's chief justice is selected by peer vote. He or she serves in that capacity for five years.^[8]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a justice's term. Potential justices submit applications to the Arizona Commission on Appellate Court Appointments, and once the commission has chosen a slate of nominees, the governor picks one from that list. After occupying the seat for two years, the newly appointed justice stands for retention in the next general election. The justice then serves a full six-year term if he or she is retained by voters.^[9]

The map below highlights how vacancies are filled in state supreme courts across the country.

Arizona Court of Appeals

See also: Arizona Court of Appeals

The 22 judges of the Arizona Court of Appeals are appointed by the governor from a list of names compiled by the Arizona Commission on Appellate Court Appointments. The commission is composed of 16 members who serve staggered four-year terms. The membership includes 10 non-attorneys, five attorneys, and the chief justice of the supreme court, who chairs the commission.^[10]

The initial term of a new judge is at least two years, after which the judge stands for retention in an uncontested yes-no election. Subsequent terms last six years.^[11] For more information on these retention elections, visit the Arizona judicial elections page.

The court of appeals is divided into two divisions. Sixteen judges are in Division One and are based in Phoenix, Arizona. The other six judges are in Division Two and are based in Tucson, Arizona.^[12]

Qualifications

To serve on this court, a judge must be:

• a state resident;
• licensed to practice law in Arizona for at least five years;
• of good moral character; and,
• at least 30 years old and under the age of 70 (retirement by 70 is mandatory).^[12]

Chief judge

The chief judge of each division is selected by a peer vote. He or she serves in that capacity for one year.^[13]

Vacancies

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. Potential judges submit applications to the Arizona Commission on Appellate Court Appointments, and once the commission has chosen a slate of nominees, the governor picks one from that list. After occupying the seat for two years, the newly appointed judge stands for retention in the next general election. The judge then serves a full six-year term if he or she is retained by voters.^[14]

Superior Courts

See also: Arizona Superior Courts

Judges of the Arizona Superior Court are selected in one of two ways:

• In counties with a population exceeding 250,000, judges are appointed by the governor from a list of names compiled by the Arizona Commission on Appellate Court Appointments.
  • Coconino, Pima, Pinal, and Maricopa counties use this method. The state constitution provides for other counties to adopt merit selection through a ballot initiative, which Coconino County did in 2018.^[15]
  • After an appointment, judges serve for two years and then must run in a yes-no retention election in the next general election. If retained, judges will go on to serve a four-year term.^[16][17]
• If a vacancy occurs in the middle of a judge's term in a county with a population of less than 250,000, the governor appoints a judicial candidate to serve until the next general election. The winner of the nonpartisan election will serve the remainder of the unexpired term. If a vacancy occurs at the end of a judge's term, the vacancy will be filled through a nonpartisan election and the winner will serve a four-year term.^[18]

Presiding judge

A presiding judge is chosen by the supreme court for each superior court that has two or more superior court judges.^[16]

Limited jurisdiction courts

Arizona has two types of limited jurisdiction court(s): justice courts and municipal courts.

Arizona Justice Courts

Judges of the Arizona Justice Courts are each elected to four-year terms. The elections for this court are partisan contested elections. To serve on this court, a judge must be a registered voter in Arizona, a resident of the justice court precinct, and able to read and write English. A law degree is not required.^[19]

Arizona Municipal Courts

Judges of the Arizona Municipal Courts are appointed to terms of varying lengths by the governing body of their municipality, except in Yuma, Arizona. In Yuma, judges on these courts are elected.^[20]

History

Below is a timeline noting changes to judicial selection methods in Arizona listed in reverse chronological order:

• 2016: The number of justices on the Arizona Supreme Court increased from five to seven.
• 1992: Proposition 109 was approved by 58 percent of voters, establishing a formal judicial performance evaluation process. Because of the proposition:

• public committees were to screen and recommend candidates for appointment to the state's judicial nominating committees;
• the number of lawyer and non-lawyer members of the nominating commissions increased;
• the diversity of the state's population was required to be considered in selecting commission members and judicial candidates; and
• the county population cutoff for merit selection was raised from 150,000 to 250,000 (see superior courts section).

• 1974: Proposition 108 was passed, which made merit selection the reigning selection process of the supreme court, court of appeals, and superior courts (in counties with 150,000 people or more).
• 1970: The Commission on Judicial Qualifications (now called the Commission on Judicial Conduct) was established by voters. The commission investigated complaints against state judges.
• 1965: The court of appeals was created by the legislature. Judges were to be elected by the people to six-year terms.
• 1960: The modern courts amendment was passed, changing many aspects of the state judiciary. The amendment:

• gave the supreme court administrative supervision over the state judiciary;
• allowed the body to make procedural rules of court;
• increased the number of justices from three to five;
• allowed for creation of the Arizona Court of Appeals;
• set the mandatory retirement age at 70; and
• restricted judicial officers from holding other offices concurrently.

• 1912: The Superior Court was established by the Arizona Legislature. Judges of this court were elected by popular vote to four-year terms.
• 1910: The high court was established in Article 6 of the Arizona Constitution. It was ratified in December 1910, 14 months before Arizona achieved statehood.^[21][22]

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.^[23]

Courts in Arizona

In Arizona, there is one federal district court, a state supreme court, a state court of appeals, trial courts, and tribal courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts
• Tribal courts

The image below depicts the flow of cases through Arizona's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.^[24] At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Arizona Judicial Branch

Footnotes

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