Coconino County, Arizona Publicity Pamphlet and Text of Ballot Condado De Coconino, Arizona Folleto De Información Y Texto De L
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Coconino County, Arizona Publicity Pamphlet and Text of Ballot Proposition to be submitted to the quali ed electors of Coconino County at the GENERAL ELECTION NOVEMBER 6, 2018 Condado de Coconino, Arizona Folleto de Información y Texto de la Boleta Electoral Propuesta que se les presentará a los electores cali cados del Condado de Coconino en la ELECCIÓN GENERAL 6 DE NOVIEMBRE DE 2018 (Spanish version begins on page 12) - (La versión en español empieza en la página 12) TO THE VOTERS OF COCONINO COUNTY FULL TEXT OF Proposition 416 Dear Voters: PROPOSITION 416 This publicity pamphlet provides important information PURPOSE: Referral to the Voters to determine whether regarding the Coconino County Board of Supervisors to change from a partisan election of superior court approved Resolution No. 2018-28 and Resolution No. 2018- judges to a merit selection and judicial retention election 35 invoking Article 6, § 40 of the Arizona Constitution and of superior court judges. calling for a County-wide election to be held November 6, 2018, on the question: Shall Coconino County change from a DESCRIPTION: Shall Coconino County change from a partisan election of superior court judges to a merit selection partisan election of superior court judges to a merit selection and judicial retention election of superior court judges. and judicial retention election of superior court judges. Arizona voters approved merit selection in 1974. At that time, Arizonans voted to discontinue the popular election A “YES” vote shall have the effect of changing from a of appellate judges, Supreme Court justices, and trial court partisan election of superior court judges to a merit selection judges in the most populous counties. A provision was and judicial retention election of superior court judges. included to allow for other counties, with a population of less than 250,000, to choose to adopt merit selection by A “NO” vote shall have the effect of not allowing a change popular vote. To date no other county in Arizona has chosen and continuing the partisan election of superior court judges to invoke this article of the Arizona Constitution. in Coconino County until such time as the population of the County reaches 250,000. This election is an opportunity presented to the voters of Coconino County to determine whether to continue to elect YES superior court judges in partisan elections until such time the County’s population reaches 250,000 (at which time NO merit selection/judicial retention elections will be mandatory pursuant to Article 6, § 37 of the Arizona Constitution) or [At the discretion of the County elections department, choose now to select its judges of superior court as if it had the question set forth above may be presented on the a population of 250,000. actual ballot in summary form, reading substantially as follows:] This pamphlet contains a sample ballot format, information regarding early voting and Election Day polling places, and PURPOSE: Referral to the Voters to determine whether specic information about merit selection of judges and to change from a partisan election of superior court judicial performance review. judges to a merit selection and judicial retention election of superior court judges. Please take the time to read through this pamphlet before casting your vote. One pamphlet has been mailed to the Proposition 416 residence of each registered voter in Coconino County; A “YES” vote shall have the effect of changing from a please make it available to all registered voters in the partisan election of superior court judges to a merit selection household. and judicial retention election of superior court judges. For further election information, please contact the Coconino A “NO” vote shall have the effect of not allowing a change County Elections Ofce by phone at (928) 679-7680 and continuing the partisan election of superior court judges or toll-free at (800) 793-6181 or on the web at in Coconino County until such time as the population www.coconino.az.gov/elections. reaches 250,000. Also, for more information about Judicial Merit Selection please visit YES http://www.coconino.az.gov/2001/Judge-Merit-Selection NO Thank you for your participation. Sincerely, The Coconino County Board of Supervisors Art Babbott, Vice Chair-District 1 Liz Archuleta, District 2 Matt Ryan, Chair- District 3 Jim Parks, District 4 Lena Fowler, District 5 2 Coconino County Merit Selection and Judicial The Arizona constitution provides that merit selection Retention Election of Superior Court Judges will be used to select judges in counties with a Proposition 416 population greater than 250,000 people. When a Frequently Asked Questions county’s population exceeds 250,000 as documented by the U.S. Census, that county automatically enters For more detailed information, please go to: the merit selection system. At this time only Maricopa, Pima and Pinal counties exceed that population www.azcourts.gov/jnc/ threshold. Other counties may choose to adopt merit selection by popular vote. Currently, Superior Court 1.) What is “merit selection” of judges? judges are elected in partisan elections in all counties except Maricopa, Pima and Pinal. Merit selection is a way of choosing judges through a non-partisan commission of lawyers and citizens 3.) How are judges “selected” in the merit selection who investigate and evaluate candidates for judicial system? positions. The commission submits the names of the most highly qualied applicants to the Governor, who • When a judicial vacancy occurs, the position is publicly then makes the nal selection. Two-thirds of the states announced and interested lawyers are encouraged to and the District of Columbia use some form of merit apply. selection to choose their judges. • Applications for the position require applicants to Unlike the federal system, merit selection in Arizona provide extensive information about their education, is not a system that grants lifetime judgeships. Once professional experience and other qualications Arizona judges are appointed, they must routinely and to provide the names of character and other stand for retention election every four years. Voters references. decide whether to keep or remove them from ofce. Judges who seek to remain on the bench are publicly • The completed applications led by candidates are evaluated through an extensive performance review. posted on a court website for public review and That evaluation is conducted by a commission to comment. determine if they are meeting judicial performance standards. The public uses the information provided • Applications are considered by a Commission on from the performance reviews at the retention election Trial Court Appointments through an open and public to decide if the judge should be retained in ofce. While process. a number of states use some form of performance review to evaluate their judges, Arizona also requires its 4.) What is a Trial Court Nominating Commission and judges to undergo a self-evaluation process. how are they selected? Arizona voters approved merit selection in 1974. At that • The Trial Court Nominating Commission which time, Arizonans voted to discontinue the popular and ultimately recommends applicants to the Governor partisan election of appellate judges, Supreme Court is a 16- person, nonpartisan judicial-nominating justices, and trial court judges in the most populous commission that would be formed if voters adopt counties. Four judicial nominating commissions were merit selection. created to screen judicial candidates for nomination to the Governor for appointment (currently the • The Commission is composed of ten public members Commission on Appellate Court Appointments, and the and ve attorney members and is chaired by the Maricopa, Pima and Pinal County Commissions on Trial Chief Justice of the Supreme Court of Arizona. No Court Appointments). more than two of the public members shall reside in the same supervisor district and not more than three A constitutional amendment passed by Arizona shall be members of the same political party. None voters in 1992 increased the number of non-lawyer of the ve attorney members shall reside in the same members on the nominating commissions, created the supervisor district and not more than three shall be Commission on Judicial Performance Review to give members of the same political party. the public information on the performance of judges, and opened all aspects of the process to the public. The • All meetings are open to the public and all voting amendment broadened public participation in selecting occurs in public session. On rare occasions, the and reviewing judges. commissioners conduct a very brief part of a meeting in executive session when two-thirds of the members 2.) Why is the merit selection system currently only vote to do so, in order to address questions involving used to select judges for Maricopa, Pima and Pinal potentially sensitive information to be asked at the counties? interviews. 3 • The appointment of the Trial Court Nominating 9.) How does the public decide whether merit selection Commission members originates from each county judges should be retained? supervisor’s selection of a seven-person search committee. • In 1992, the Arizona Constitution was amended to provide for judicial performance review. As a result of • The Commission must be diverse and include people that Constitutional mandate, a Judicial Performance from different political parties, geographic areas and Review Commission (“JPR Commission”) was other factors assuring diversity. established. The JPR Commission regularly collects information from jurors, lawyers, litigants and 5.) How does the Commission identify applicants to members of the public and perhaps most important, recommend to the Governor? solicits a self-evaluation from all judges facing a retention election. • The Commission carefully reviews each application and makes a threshold determination about whether • Midway through a judge’s term in ofce, and again the applicant appears to satisfy the high standards before a retention election, a judge meets with a team necessary to serve effectively as a member of the composed of one public volunteer, one attorney, and judiciary.