Presentation and discussion regarding invoking Article 6, §40 of the Arizona Constitution to change from a partisan election process to a merit selection process of judges.

The Honorable Judge Dan Slayton, Division II of the Superior Court in Coconino County will be presenting information related to the pros and cons of invoking Article 6, §40 of the Arizona Constitution and the specifics of the merit selection process.

The Arizona Constitution provides that merit selection will be used to select judges in counties with a population greater than 250,000 people. At this time only Maricopa, Pima and Pinal counties exceed that population threshold. Other counties may choose to adopt merit selection by popular vote. When a county’s population exceeds 250,000 as documented by the U.S. Census, that county automatically enters the merit selection system. Currently, Superior Court judges are elected in a partisan primary, then face nonpartisan general elections in all counties except Maricopa, Pima and Pinal.
 
The Arizona Constitution, as stipulated in Article 6, §40, allows for counties with a population under 250,000 persons to choose to select its judges of the superior court as if it had a population of 250,000 or more persons.  This choice is to be determined by vote of the qualified electors of the county at an election called by resolution of the board of supervisors of the county.  If the qualified electors approve, the provisions of the Arizona Constitution pertaining to merit selection of judges, shall apply as if such county had a population of 250,000 persons or more.
 
To date no other county in Arizona has chosen to invoke this article of the constitution.
 
This presentation is intended to provide information to the public, City Council and Board of Supervisors about the merit selection process along with an overview of some of the potential arguments for and against invoking Article 6, §40.

ALTERNATIVES:
 
Continue to have judges be elected through the current partisan election process until Coconino County population exceeds 250,000. 
 
FISCAL IMPACT:
 
Anticipated expenses of $35,000-$70,000 for Information Pamphlet preparation, translation, and dissemination and associated community education efforts related to ballot measure referral.