Isabella Carter
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. Article VI of the Arizona Constitution, entitled Judicial Department and ratified in November 1992, covers the state's judicial branch. This article has 42 sections, more than any other article in the state constitution, and details the structure and functions of the judiciary, including the powers and responsibilities of judges and justices.
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What You'll Learn
The Arizona judiciary is made up of three levels
The municipal level consists of courts of limited jurisdiction, which include municipal courts and justice of the peace courts. These courts handle cases such as traffic violations, landlord-tenant disputes, petty crimes, and misdemeanours. There are also justice courts, which are not considered courts of record.
The Superior Court of Arizona is the only court at the general jurisdiction level. Each county in the state has at least one Superior Court judge, and it has statewide jurisdiction over all types of crimes, including felonies. The Superior Court's primary judicial function is to preside over disputes, both civil and criminal in nature.
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 Court of Appeals hears cases referred from the Superior Court, as well as cases involving unemployment compensation and Tax Court rulings. The Supreme Court is the final authority within the state's judiciary system, and it has discretionary jurisdiction over most appeals. It is comprised of seven justices who each serve a six-year term, one of whom is selected to be the Chief Justice.
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The Superior Court is the court of general jurisdiction
In the United States, the Superior Court is a state trial court of general jurisdiction with the power to hear and decide on any civil or criminal action that is not designated to be heard in another court. This includes civil lawsuits involving contracts, torts, property, and family law, as well as criminal prosecutions for indictable offences under the Criminal Code. The Superior Court also hears appeals from lower courts. The jurisdiction of the Superior Court varies depending on the laws passed by the federal government and the specific province or territory.
In Arizona, the judicial power is vested in an integrated judicial department that includes the superior court. The superior court in Arizona may issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus on petition. Additionally, the superior court judge may serve in another county at the direction of the chief justice of the supreme court.
In New York, the Supreme Court is the state-wide trial court with the broadest jurisdiction in criminal and civil matters. It can hear almost any type of case, except for claims against the state, which are handled by the Court of Claims. The Supreme Court is also involved in proceedings to end marriages, as it is the only court that can grant divorces, annulments, and separations. The Supreme Court is divided into twelve judicial districts across the state.
In South Africa, the superior courts are the High Courts, the Supreme Court of Appeal, and the Constitutional Court. The High Courts are courts of first instance and can hear all cases except those granted exclusive jurisdiction to another court. The Supreme Court of Appeal, on the other hand, is solely an appellate court, hearing appeals from the High Courts. The Constitutional Court acts as both an appellate court and, in certain cases, a court of first instance for matters involving the constitutionality of laws and government actions.
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The Court of Appeals acts as an intermediate appellate court
The Arizona Court of Appeals is the state's intermediate appellate court. It has two divisions: Division One, located in Phoenix, and Division Two, located in Tucson. The superior courts are bound by all decisions made by the Court of Appeals, regardless of the division they are issued in.
Division One has statewide responsibility for appeals from the Industrial Commission and unemployment compensation rulings of the Department of Economic Security. One department of Division One is responsible for appeals from the Tax Court. Division One consists of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo, and Apache counties. At least ten of Division One's judges must be residents of Maricopa County, five must be residents of the remaining counties, and four may be from any county.
Division Two consists of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham, and Gila counties. At least four of Division Two's judges must be residents of Pima County, two must be residents of the remaining counties, and three may be from any county.
The Court of Appeals' primary judicial function is to review appeals from the superior courts in criminal matters, except for cases in which a death sentence has been imposed. Death penalty cases go directly to the Supreme Court of Arizona. The Court of Appeals also has jurisdiction over "petitions for special action," which is Arizona's term for petitions for special writs such as certiorari, mandamus, prohibition, and interlocutory appeals.
The Court of Appeals decides cases in panels of three judges, called "departments." Judges are selected by a modified form of the Missouri Plan, where a bipartisan commission considers applicants and sends a list of nominees to the governor. The governor is legally required to appoint from this list based on merit, without considering party affiliation. Judges are retained for an initial period and are then subject to a retention election. If the judge wins the election, their term is six years.
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The Supreme Court is the highest appellate court
The Arizona judiciary is made up of three levels. The first level consists of courts with limited jurisdiction at the municipal level. The second level is the court of general jurisdiction, known as the Superior Court. This court holds extensive powers, including the ability to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and habeas corpus.
The third and highest level is the appellate level, consisting of the Court of Appeals and the Supreme Court. The Court of Appeals acts as an intermediate appellate court, while the Supreme Court is the highest appellate court in Arizona.
Article VI of the Arizona Constitution, entitled Judicial Department, covers the state's judicial branch. This article consists of 42 sections, more than any other article in the state constitution. The judicial power is vested in an integrated judicial department, which includes the Supreme Court, intermediate appellate courts, the Superior Court, inferior courts, and justice courts.
The Supreme Court is the highest court in the state, and it plays a crucial role in interpreting and applying the law. It serves as the final arbiter of legal disputes and is responsible for ensuring that the law is applied consistently and fairly throughout Arizona. The Supreme Court's decisions set precedents that guide lower courts and shape the state's legal landscape.
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Justices and judges of courts of record retire at 70
The Arizona Constitution outlines the state's system of government, including the judicial branch. The constitution establishes a unified judicial department, comprising a supreme court, intermediate appellate courts, a superior court, and other lower courts.
Within this constitution, there is a provision that specifically addresses the retirement age of justices and judges serving in courts of record. It states that "on attaining the age of seventy years, a justice or judge of a court of record shall retire, and his judicial office shall be vacant, except as otherwise provided in section 35 of this article." This provision ensures that individuals serving in these judicial roles step down once they reach the age of 70, creating vacancies that can be filled by new appointees or through elections.
The mandatory retirement age of 70 years for justices and judges of courts of record is a common provision in judicial systems across different states and countries. For instance, in New York State, the mandatory retirement age for judges and justices is also set at 70 years, as stipulated in Article VI, § 25(b) of their constitution. However, there have been proposals and amendments in some states to increase the retirement age beyond 70. For example, in Pennsylvania, the Judicial Retirement Age Amendment of 2016 raised the mandatory retirement age for justices and judges from 70 to 75 years.
While a retirement age of 70 years is prevalent, there are variations in different jurisdictions. For instance, in Australia, Section 72 of their constitution sets the retirement age for High Court judges at 70 years, and there have been discussions about increasing this age but with no recent proposals. On the other hand, in India, the debate revolves around whether the retirement age for Supreme Court judges, currently set at 65, should be increased to 70, with some arguing for it to be in line with other countries.
The retirement age for justices and judges is an important aspect of the judicial system, and different states and countries approach it with varying provisions and considerations. While Arizona has set the retirement age for its justices and judges of courts of record at 70, there are ongoing discussions and amendments in other jurisdictions to either maintain or adjust this age based on factors such as life expectancy, the need for continuity, and the potential influence of post-retirement aspirations.
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Frequently asked questions
Article VI of the Arizona Constitution, entitled Judicial Department, covers the judicial branch.
Article VI has 42 sections, more than any other article of the Arizona Constitution.
The Supreme Court is the highest appellate court in Arizona.
The Superior Court is the court of general jurisdiction.
