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ARTICLE.IV
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1994-09-23
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Article IV
The Judiciary
Section 1 - Judicial Power and Jurisdiction.
The judicial power of the State is vested in a supreme court, a superior
court, and the courts established by the legislature. The jurisdiction of
courts shall be prescribed by law. The courts shall constitute a unified
judicial system for operation and administration. Judicial districts shall
be established by law.
Section 2 - Supreme Court.
(a) The supreme court shall be the highest court of the State, with final
appellate jurisdiction. It shall consist of three justices, one of whom is
chief justice. The number of justices may be increased by law upon the
request of the supreme court.
(b) The chief justice shall be selected from among the justices of the
supreme court by a majority vote of the justices. His term of office as
chief justice is three years. A justice may serve more than one term as
chief justice but he may not serve consecutive terms in that office.
[Amendment approved August 25, 1970 - Effective October 10, 1970]
Section 3 - Superior Court.
The superior court shall be the trial court of general jurisdiction and
shall consist of five judges. The number of judges may be changed by law.
Section 4 - Qualifications of Justices and Judges.
Supreme court justices and superior court judges shall be citizens of the
United States and of the State, licensed to practice law in the State, and
possessing any additional qualifications prescribed by law. Judges of
other courts shall be selected in a manner, for terms, and with
qualifications prescribed by law.
Section 5 - Nomination and Appointment.
The governor shall fill any vacancy in an office of supreme court justice
or superior court judge by appointing one of two or more persons nominated
by the judicial council.
Section 6 - Approval or Rejection.
Each supreme court justice and superior court judge shall, in the manner
provided by law, be subject to approval or rejection on a nonpartisan
ballot at the first general election held more than three years after his
appointment. Thereafter, each supreme court justice shall be subject to
approval or rejection in a like manner every tenth year, and each superior
court judge, every sixth year.
Section 7 - Vacancy.
The office of any supreme court justice or superior court judge becomes
vacant ninety days after the election at which he is rejected by a
majority of those voting on the question, or for which he fails to file
his declaration of candidacy to succeed himself.
Section 8 - Judicial Council.
The judicial council shall consist of seven members. Three attorney
members shall be appointed for six-year terms by the governing body of
the organized state bar. Three non-attorney members shall be appointed
for six-year terms by the governor subject to confirmation by a majority
of the members of the legislature in joint session. Vacancies shall be
filled for the unexpired term in like manner. Appointments shall be made
with due consideration to area representation and without regard to
political affiliation. The chief justice of the supreme court shall be
ex-officio the seventh member and chairman of the judicial council. No
member of the judicial council, except the chief justice, may hold any
other office or position of profit under the United States or the State.
The judicial council shall act by concurrence of four or more members and
according to rules which it adopts.
Section 9 - Additional Duties.
The judicial council shall conduct studies for improvement of the
administration of justice, and make reports and recommendations to the
supreme court and to the legislature at intervals of not more than two
years. The judicial council shall perform other duties assigned by law.
Section 10. Commission on Judicial Conduct.
The Commission on Judicial Conduct shall consist of nine members, as
follows: three persons who are justices or judges of state courts, elected
by the justices and judges of state courts; three members who have
practiced law in this state for ten years, appointed by the governor from
nominations made by the governing body of the organized bar and subject
to confirmation by a majority of the members of the legislature in joint
session; and three persons who are not judges, retired judges, or members
of the state bar, appointed by the governor and subject to confirmation
by a majority of the members of the legislature in joint session. In
addition to being subject to impeachment under Section 12 of this article,
a justice or judge may be disqualified from acting as such and may be
suspended, removed from office, retired, or censured by the supreme
court upon the recommendation of the commission. The powers and duties of
the commission and the basis for judicial disqualification shall be
established by law. [Amendment approved August 27, 1968 - Effective
October 11, 1968; Amendment approved November 2, 1982 - Effective
December 24, 1982]
Section 11 - Retirement.
Justices and judges shall be retired at the age of seventy except as
provided in this article. The basis and amount of retirement pay shall be
prescribed by law. Retired judges shall render no further service on the
bench except for special assignments as provided by court rule.
Section 12 - Impeachment.
Impeachment of any justice or judge for malfeasance or misfeasance in
the performance of his official duties shall be according to procedure
prescribed for civil officers.
Section 13 - Compensation.
Justices, judges, and members of the judicial council and the Commission
on Judicial Conduct shall receive compensation as prescribed by law.
Compensation of justices and judges shall not be diminished during their
terms of office, unless by general law applying to all salaried officers
of the State. [Amendment approved August 27, 1968 - Effective October 11,
1968]
Section 14 - Restrictions.
Supreme court justices and superior court judges while holding office
may not practice law, hold office in a political party, or hold any other
office or position of profit under the United States, the State, or its
political subdivisions. Any supreme court justice or superior court judge
filing for another elective public office forfeits his judicial position.
Section 15 - Rule-Making Power.
The supreme court shall make and promulgate rules governing the
administration of all courts. It shall make and promulgate rules governing
practice and procedure in civil and criminal cases in all courts. These
rules may be changed by the legislature by two-thirds vote of the members
elected to each house.
Section 16 - Court Administration.
The chief justice of the supreme court shall be the administrative head of
all courts. He may assign judges from one court or division thereof to
another for temporary service. The chief justice shall, with the approval
of the supreme court, appoint an administrative director to serve at the
pleasure of the supreme court and to supervise the administrative
operations of the judicial system. [Amendment approved August 25, 1970 -
Effective October 10, 1970]