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SB1283 - 572R - I Ver
REFERENCE TITLE:
appeals court; division two; elimination
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1283
Introduced by
Senator
Finchem
AN
ACT
AMENDING SECTIONS 12-120, 12-120.01,
12-120.02 and 12-120.04, ARIZONA REVISED STATUTES; appropriating
monies; RELATING TO THE COURT OF APPEALS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-120, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-120.
Creation of court of appeals; court of record; composition;
sessions
A. A court of appeals is established and constitutes
a single court
and such
consisting of all
counties in this state.� The
court
of appeals
shall
be a court of record.
B. The court of appeals shall
be
divided into two divisions which shall be designated as division 1 and division
2. Division 1 shall
have nineteen judges, consisting of the
chief judge and six departments of three judges each, denominated,
respectively, department A, department B, department C, department D,
department E and department F.
Division 2 shall
have nine judges, consisting of three departments of three judges each,
denominated, respectively, department A, department B and department C.
C. Division 1 shall consist of the
counties of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and
Apache
.
D. Division 2 shall consist of the
counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham and Gila.
E.
C.
The
sessions
of divisions 1 and 2
of the court
of appeals
shall be held in Phoenix
and Tucson,
respectively
. Sessions may be held at places other than
Phoenix
or Tucson
when in the opinion of a majority of the
judges of a
division or
department the public interest so
requires.
The judges of the respective divisions and
departments may hold sessions in either division and shall do so when directed
by the chief justice of the supreme court.
Each judge of the
court of appeals may participate in matters pending before a different
division or
department.
A matter may be
transferred between divisions in order to equalize caseloads and for the best
use of judicial resources.
F.
D.
Not
more than three judges of the court of appeals, including superior court judges
and retired judges sitting with the court, shall hear and determine a matter
and render a decision, and a majority of two of the three judges shall be
sufficient to render a decision.
END_STATUTE
Sec. 2. Section 12-120.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-120.01.
Qualifications of judges; terms; ballots; vacancies
A. A judge of the court of appeals shall be:
1. Not less than thirty years of age.
2. Of good moral character.
3. A qualified elector of the county of
his
the judge's
residence
,
and a resident of such county for not less than three years next preceding
taking office.
4. A resident of the division in which
he is elected.
5.
4.
Admitted
to the practice of law in
the
this
state
of Arizona
for not less than five years next preceding
taking office.
6.
5.
A
resident of
Arizona
this state
for
not less than five years next preceding taking office.
B. Except for the initial term, each judge shall
hold office for a term of six years to commence on the first Monday in January
following
his
the judge's
retention
election and until
his
the judge's
successor is appointed and qualified. Each judge shall be appointed
by the governor and serve an initial term pursuant to article VI, section 37,
Constitution of Arizona.
END_STATUTE
Sec. 3. Section 12-120.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-120.02.
Election of judges
A. In division 1,
Of the
nineteen
appellate court
judges, ten of the judges shall
be residents of and elected for retention from Maricopa county
or pima county
, five of the judges shall be residents of the remaining
counties in
the division
this state
and
shall be elected for retention by the voters of the counties in
division
1
this state
, excluding Maricopa county, and four
of the judges shall be at-large judges and be residents of any county in
the division
this state
. If an
at-large judge is a resident of Maricopa county, the judge shall be
elected for retention by the voters of Maricopa county. If an at-large
judge is not a resident of Maricopa county, the judge shall be elected for
retention by the voters of the counties in
division 1
this state
, excluding Maricopa county.
B. In division 2, of the nine judges,
four of the judges shall be residents of and elected from Pima county, two of
the judges shall be residents of the remaining counties in the division and
shall be elected by the voters of the counties in division 2, excluding Pima
county, and three of the judges shall be at-large judges and be residents
of any county in the division. If an at-large judge is a
resident of Pima county, the judge shall be elected for retention by the voters
of Pima county.� If an at-large judge is not a resident of Pima county,
the judge shall be elected for retention by the voters of the counties in
division 2, excluding Pima county.
END_STATUTE
Sec. 4. Section 12-120.04, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-120.04.
Chief judge; duties
A. The chief judge of
each division
the court of appeals
shall be elected annually by the
members of the
division
appellate court
. The
chief judge may be a member of any department of the
division
appellate court
. The chief judge shall serve in
such capacity until
his
the chief judge's
successor
has been elected as provided by this section.
B. The chief judge shall exercise administrative
supervision over the
division in which he serves
court of appeals
, shall have such other duties as may be
provided by rules of the supreme court and shall apportion the business to the
departments in such manner as to equalize the distribution of business among
them.
C. The chief judge may, and
upon
on
direction by the chief justice of the supreme court
shall, designate one department to hear and determine all reviews
that are
authorized by
the provisions of
section 23-951.
Such
The
designated department may also hear and determine other matters assigned to it
by the chief judge.
D. In the absence of the chief judge from the place
at which the court is held, or
his
the
chief judge's
inability to act, the other judges shall select one of
their own number to perform the duties and exercise the powers of the chief
judge during such absence or inability to act.
E. The judges of each department shall periodically
select a presiding judge and a member to act as the presiding judge to perform
the duties and exercise the powers of the presiding judge during the absence or
inability to act of the presiding judge.
F. The chief judge
of division 2 shall
be
is
eligible to be the presiding judge of a
department.
G. The chief judge
of division 1
shall designate one department to hear and determine all appeals authorized by
section 12-170. This department may also hear and determine
other matters assigned to it by the chief judge.
END_STATUTE
Sec. 5.
Transfer of monies
All monies designated for division two
of the court of appeals that remain unexpended and unencumbered on the
effective date of this act are transferred to ___________ for the purposes of
the court of appeals, as reorganized by this act.
Sec. 6.
Retention of
appellate court judges
All persons serving as judges of
division two of the court of appeals on the effective date of this act may
continue to serve until the expiration of their normal terms.
Sec. 7.
Conforming changes
The legislative council staff shall
prepare proposed legislation conforming the Arizona Revised Statutes to the
provisions of this act for consideration in the fifty-eighth legislature,
first regular session.
Sec. 8.
Legislative intent
The legislature intends to eliminate
division two of the court of appeals and to transfer all remaining unexpended
and unencumbered monies from division two of the court of appeals to the court
of appeals, as reorganized by this act, for the purposes of operating and
maintaining the court of appeals, as reorganized by this act.