Rule 132. Screening of Applications and Selection of Nominees
Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: August 26, 2020
Effective: August 26, 2020
A.R.S. Sup.Ct.Rules, Rule 132
Formerly cited as AZ ST S CR Rule 133
Rule 132. Screening of Applications and Selection of Nominees
(a) Public Notice and Comment. Names of applicants and the date, place, and time of the Commission meeting to review applications shall be widely disseminated to the public. Comments about applicants must be made in writing or orally at the meeting to review applications. Written comments must be submitted to the address indicated in the public notice of the meeting and, if feasible, should be submitted at least three (3) working days before the meeting. Comments shall include the name, address, and telephone number of the person submitting the comment. Written comments should not be sent directly to individual Commissioners. The Commission will not consider anonymous comments
(b) Confidentiality. Except as provided in these rules, information provided to the Commission by a third party shall be available to the public. On request, for good cause, the Commission may keep confidential the name of a person who submits a comment. In response to a public record request that is received after the Commission is no longer in session, good cause shall be determined by the Chair if not previously determined by the Commission. Unless otherwise provided by these rules or disclosed by the Commission, documents created by Commissioners or staff during the performance of duties provided by these rules are confidential until the nomination process is completed.
(2) Consideration of Applicants: The qualifications of each applicant shall be discussed and evaluated. Whether in public or in executive session, the Chair shall read the names of the applicants in alphabetical order and open the meeting to a discussion of that particular applicant's qualifications. After this procedure has been followed for each applicant, the Chair shall open the meeting to a general discussion of the relative qualifications of all the applicants. Each Commissioner shall disclose comments and other information concerning each applicant relied upon by that Commissioner in evaluating that applicant. If confidentiality has been promised to a source, Commission members shall consider whether less weight should be given to the information.
(3) Discretion to Interview Applicants: The Commission may interview any or all of the applicants in order to compile a list of nominees to be forwarded to the appointing official(s). At its meeting to review applications, the Commission shall determine whether any of the applicants will be interviewed. In public session, the Chair shall invite Commissioners to nominate applicants to be placed on a tentative list of those to be interviewed. Such a nomination requires the concurrence of one additional Commissioner. The name of each applicant who receives a vote of the majority of Commissioners voting shall be placed on a tentative list. Following this procedure, the tentative list of interviewees may be added to or subtracted from by a public vote until a final list of applicants to be interviewed is determined. If there are no nominations to interview applicants, the Commission shall proceed with selecting nominees pursuant to Paragraph (c)(5) of these procedures.
(4) Conduct of Interviews: Selected applicants may be publicly interviewed by the Commission. If interviews are conducted, public notice shall be made in the same manner as described in Paragraph (a), and the public may comment on applicants before the interviews in the same manner as described in Paragraph (a). The Commission shall schedule sufficient time before each interview to discuss the results of Commissioners' investigations and to determine whether any matters that were disclosed in the course of the investigation should be discussed with the applicant at the interview. A Commissioner may question an applicant about comments made about the applicant for which confidentiality of the source of the comment has been requested so long as the source of comment is not identified. Upon motion and a majority vote of the Commission, a portion of the interview may occur in executive session, unless, after given a choice, the interviewee elects to remain in public session. No material and adverse information about an applicant that is known to a Commissioner prior to the interview may be disclosed to the Commission after the interview occurs.
(5) Selection of Nominees for Submission to Appointing Official(s): All voting by the Commission on the nominees to be forwarded to the appointing official(s) shall be in public session. The Chair shall invite Commissioners to nominate applicants to a tentative list for referral to the appointing official(s). Such a nomination requires the concurrence of one additional Commissioner. Each applicant who receives an affirmative vote of the majority of Commissioners voting shall be tentatively listed for referral to the appointing official(s). Following this procedure, with or without an executive session or sessions, the tentative list of nominees may be added to or subtracted from by public vote until a pool of nominees that satisfies constitutional requirements is finalized by public vote of the majority of the Commission members voting for referral to the appointing official(s)
(e) Communication After Interview Meetings: If a Commissioner receives new written information about a nominee after the nominations are referred to the appointing official(s), the Commissioner shall forward the information to the Chair of the Commission and the Chair shall forward the information to the appointing official(s), with a cover memorandum explaining that the information was not submitted in time for consideration by the Commission and therefore not investigated. If the information is verbal, the Commissioner shall advise the source about his or her right to contact the appointing official(s).
Formerly Rule 133, added Sept. 2, 2010, effective Sept. 7, 2010. Renumbered Rule 132 and amended on an emergency basis effective April 3, 2020, adopted on a permanent basis Aug. 26, 2020.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 132, AZ ST S CT Rule 132
State Court Rules are current with amendments received and effective through 1/15/23. The Code of Judicial Administration is current with amendments received through 1/1/23.
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