Malcolm Rivera
The Arizona Constitution establishes three separate branches of government: the Executive, Legislative, and Judicial. The Judicial branch is made up of three levels: courts of limited jurisdiction at the municipal level, the Superior Court as the court of general jurisdiction, and at the appellate level, the Court of Appeals and the Supreme Court, which is the highest appellate court. Justices and judges are required to take an oath to support the US Constitution and the Arizona Constitution, and to faithfully discharge the duties of their office. The Arizona Constitution contains a Declaration of Rights, providing for more expansive civil liberties than the US Constitution.
| Characteristics | Values |
|---|---|
| Number of Levels | 3 |
| Courts of Limited Jurisdiction | Municipal Level |
| Court of General Jurisdiction | Superior Court |
| Appellate Level | Court of Appeals, Supreme Court |
| Number of Justices in the Supreme Court | Minimum of 5 |
| Legislative Chambers | 2 |
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What You'll Learn
Arizona's three judicial levels
The Arizona judiciary is made up of three levels. At the municipal level, there are courts of limited jurisdiction. The court of general jurisdiction is the Superior Court. This court is augmented by the counties' Justice of the Peace Courts and the municipalities' Municipal Courts. The Superior Court is inferior to the Supreme Court.
The Supreme Court of Arizona is the highest appellate court. It consists of no fewer than five justices, though this number may be increased or decreased by law. The court shall not declare any law unconstitutional except when sitting in banc, meaning with at least five justices. The decisions of the court are to be in writing, and the court is to be open at all times except on non-judicial days.
At the intermediate appellate level is the Court of Appeals. Arizona is also part of the Ninth Circuit Court of Appeals and has one federal district court, the U.S. Federal District Court for the District of Arizona.
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The Arizona Supreme Court
The Arizona judiciary is made up of three levels. At the municipal level, there are courts of limited jurisdiction. The court of general jurisdiction is the Superior Court. At the appellate level, there is the Court of Appeals, which acts as an intermediate appellate court, and the Supreme Court, which is the highest appellate court.
The Supreme Court consists of a Chief Justice and six Associate Justices. The Chief Justice is selected by the other justices and serves a term of five years. The Associate Justices are appointed by the Governor and serve initial terms of two years. After their initial term, the justices are subject to retention elections, where voters decide whether to retain or remove them from office.
The Supreme Court is responsible for overseeing the state's judicial system and has the power to make rules governing court procedures and operations. The Court also has the authority to admit and discipline attorneys, and it oversees the state bar association.
The Court hears cases in its courtroom in the State Capitol in Phoenix and also travels to hear cases in other parts of the state. The Court typically sits in panels of three justices, but it may also sit en banc (with all seven justices) in certain cases.
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The Court of Appeals
The Arizona judiciary is made up of three levels. The Court of Appeals is the intermediate appellate court, above the municipal level, which consists of courts of limited jurisdiction, and below the Supreme Court, which is the highest appellate court.
Division 1 has statewide responsibility for appeals from the Industrial Commission and unemployment compensation rulings of the Department of Economic Security. One department of Division 1 is responsible for appeals from the Tax Court.
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The Superior Court
The Arizona judiciary is divided into three levels: courts of limited jurisdiction at the municipal level, the Superior Court as the court of general jurisdiction, and the Court of Appeals and the Supreme Court at the appellate level.
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Justices of the Peace
The Arizona judiciary is made up of three levels: courts of limited jurisdiction at the municipal level, the Superior Court as the court of general jurisdiction, and the Court of Appeals and Supreme Court at the appellate level. The Judicial branch is augmented by the counties' Justice of the Peace Courts.
The Justice of the Peace Courts serve a significant function in the Arizona judicial system. They process approximately 34% of all cases filed each year in the Arizona court system, and are often the public’s only point of contact with the judiciary. Given their prominence, it is essential that the justice courts are effectively organized and administered, adequately funded, and their judges are well-trained and highly qualified.
In recent years, the justice courts have struggled to meet these ideals. For example, in 2009, the Administrative Office of the Arizona Supreme Court found that the Globe Regional Court had numerous case processing inefficiencies and poor financial management practices. This prompted the Arizona Supreme Court to transfer administrative control and day-to-day oversight of the Globe Justice Courts to the Gila County Superior Court.
There have also been several scandals involving justices of the peace that have resulted in official censure and reprimand. Over the past fifty-eight years, problems in the Arizona justice courts have prompted at least seven different comprehensive studies and proposals for institutional reform. However, many of these proposals have never been implemented, and substantial justice court reform remains elusive.
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Frequently asked questions
The three levels are: courts of limited jurisdiction at the municipal level, the Superior Court, and the appellate level.
The Supreme Court is the highest appellate court.
There are five or more justices in the Supreme Court.
They must take an oath to support the Constitution of the United States and the Constitution of the State of Arizona, and faithfully and impartially discharge the duties of their office.
The Court of Appeals acts as an intermediate appellate court.
