- Meeting Date:
- 02/12/2019
- Title:
- Justice of the Peace Appointment
- Submitted By:
- Arlethe Rios, Board of Supervisors
- Department:
- Board of Supervisors
Submitted for Signature:
of PRESENTER:
of PRESENTER:
or Basis for Support?:
Information
Agenda Item Text:
This executive session is authorized under A.R.S. § 38-431.03, Subsection (A), paragraph)(1), the Board may go into executive session for the discussion or consideration of appointment of a public officer, appointee or employee of the public body.
Background:
16-230. Vacancy in certain state or county offices; election
A. Notwithstanding any other statute and except as prescribed by subsection C of this section, for state and county offices that provide for a four-year term of office, the following applies if there is a vacancy in office due to death, disability, resignation or any other cause:
1. If a state office becomes vacant, the governor shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.
2. If a county office becomes vacant, the board of supervisors shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.
Each county's board of supervisors sets the geographical boundaries, known as precincts, of that county's Justice of the Peace Courts. Generally, these precincts are larger than city or town limits and typically incorporate an entire city or town and parts of other communities.
A Justice of the Peace:
- Is elected to a four-year term
- Must be at least 18 years old
- Must be an Arizona resident
- Must be a qualified voter in the precinct in which duties of office will be performed
- Must read and write English
- Need not be an attorney