Section 1-305 : Selection of Special Judicial Officers
Arizona Revised Statutes AnnotatedCode of Judicial Administration
AZ ST Code of Jud. Admin., § 1-305
Section 1-305: Selection of Special Judicial Officers
A. Applicability. The following standards shall govern the selection of all special judicial officers including judges pro tempore, commissioners, hearing officers and juvenile court referees appointed by the chief justice or by any judge or on the recommendation of any chief judge, presiding judge, chief magistrate or justice of the peace. Judges responsible for appointing or recommending appointment of special judicial officers shall adopt written selection procedures and file them with the Clerk of the Supreme Court. The procedures for city courts shall be consistent with existing provisions of city charters and ordinances.
B. Purpose. This section is intended to result in selection of special judicial officers, through an open process, who are highly competent and highly respected by their peers and clients and who bring a diversity of background and experience to the bench. Those who seek the aid of the courts are entitled to the same quality of justice from the judiciary whether the judicial officer is a regularly elected or appointed judge or a person temporarily serving as a judge.
C. Qualifications. Persons applying for judicial office shall meet the minimum qualifications required by law and such special qualifications for the position as may be established by the chief justice, the chief judge, the presiding judge or the chief magistrate. Persons applying for judge pro tempore offices, except justice of the peace pro tempore, shall be at least 30 years of age, of good moral character, and admitted to the practice of law in and a resident of the State of Arizona for five years next preceding their taking office as required by article 6, § 31 of the Arizona constitution.
1. Public Announcement. The judge shall adopt procedures that provide for public announcement of an opening for any judicial position. The announcement shall include, at a minimum, the qualifications for the position, an equal opportunity statement and the hiring authority. The judge shall assure that the announcement is publicized in such a manner that all attorneys, including minority and women attorneys, and other qualified persons within the jurisdiction of the applicable court would be reasonably expected to become aware of the announcement.
2. Application. The judge shall adopt procedures that establish an open application process. The procedures shall require that applicants for full-time special judicial office complete a written application in which they indicate all aspects of their background, qualifications and experience relevant to the judicial position. The procedures may require that applicants for part-time special judicial office complete an application or, alternatively, that they submit a letter of application. Applicants shall have the opportunity to submit letters of reference. The judge shall assure that applicants are advised of the ethical restrictions on the practice of law contained in the Code of Judicial Conduct which relates to service as a special judicial officer.
a. Full-time Special Judicial Officers. The judge shall establish a selection committee. In appointing that committee, the judge shall be sensitive to representation reflecting the racial, ethnic, gender and political diversity of the community served by that judge's court. The procedures shall require that selection committee members disclose to each other and to the judge any cause for bias in favor or against any applicant reviewed. The judge shall assure that selection committee members are informed of their responsibility to recruit qualified applicants, including qualified minority and women applicants, who may not otherwise apply. The procedures adopted pursuant to this section shall establish a screening process which provides for the selection committee to review applications, interview selected applicants and recommend one or more applicants. The screening process may include review of advisory committee recommendations and comment by other judges of the court on which the appointee will serve.
b. Part-Time Special Judicial Officers. A judge who uses part-time special judicial officers shall adopt a procedure for selecting one or more persons to serve as part-time special judicial officers. This procedure shall include review by the appointing authority or a designated person or committee of applications or letters of application and any letters of reference submitted.
G. Evaluation. The procedures shall require periodic evaluation of full-time special judicial officers governed by this rule at least prior to the reappointment of each special judicial officer. The procedures shall require that information is obtained from both professional and public participants in the legal process. Any complaints received concerning a part-time special judicial officer shall be considered prior to reappointment.
Credits
Effective November 9, 2000. Amended effective June 21, 2002; December 15, 2004.
AZ ST Code of Jud. Admin, § 1-305, AZ ST CJA § 1-305
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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