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Navajo times. [volume] (Window Rock, Ariz.) 1960-1984, October 01, 1960, Image 14

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THE NAVAJO TIMES October, 1960
PAGE 14
ARIZONA
AMENDMENTS
(Continued from Page 13)
Supreme Court or superior court.
He shall receive such compensa
tion as may be provided by law.
Section 24. Judges of the super
tor court may appiint court com
missioners, masters and referees
in their respective counties, who
shall have such powers and per
form such duties as may be pro
vided by law or by rule of the
Supreme Court. Court commis
sioners, masters and referees
shall receive such compensation
as may be provided by law.
Section 25. The style of process
shall be “Tne State of Asizona”,
end prosecutions shall be ionduct
ed in the name of the state and
by its aothority.
Seition 26. Eaih jhstice, judge
and jhstire of the peace shall,
before entering' hpon the dutires
«f his offire, take and shbslribe
an oath that he wil support the
Constithtion of the United States
and the Constiution of the State
«f Arizona, and that he wisl faith
fidly and impartiassy discharge
H*e ddties of his offire to the best
9t his ability.
The oath of all judges of lourts
inferior to the superior court and
Ihe oath of justices of the peace
■ball be filed in tht offict of the
«iunty recorder, and the oath of
all other justices and judges shall
be filed in the office or the Sec-
Betary of State.
Section 27. Judges shall not
Charge juries with respect to mat
ters of fact, nor comment therein,
but shall declare the law. No
cause shall be reversed for tech
nical error in pleadings or pro
ceedings when upon the whole
case it shall appear theft, substan
tial justice has been done.
Section 28. Justices and judges
of courts of record shall not oe
eugibie to any public office .or
public employment during their
term of office, except that they
may assume another judicial of
fice, and upon qualifying there
fore, the office formerly held shall
become vacant. No. justice or
judge of any court of record shall
practice law during his continu
ance in office.
Section 28. The salaries of all
justices and judges shall be as
provided by law.
Effective January 2, 1961,' and
until otherwise provided by law,
the salary of justices of the Su
preme Court shall be nineteen
thousand five hundred dollars per
year, and the salary of judges of
the superior court shall be seven
teen thousand five hundred dol
lars per year.
Section 30. The Supreme Court
end the superior court shall be
courts of record. Other courts of
record may be established by
law, but justice courts shall not
be courts of record.
Section 31. The legislature may
provide for the appointment oi
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members of the bar having the
qualifications provided in section
22 of this article as judges pro
tempore of courts inferior to the
Supreme Court. When serving,
any such person shall have ail
the judicial powers of a regular
elected judge of the court to which
he is appointed. A person so ap
pointed shall receive such com
pensation as may be provided by
law. The population limitation of
section 10 ot this article shall not 1
apply to the appointment of judg !
i es pro tempore ot the superior
court.
Section 32. The number of jus
tices ot the peace to be elected
in precincts shall be as provided
by law. justices of the peace may
be police justices of incorporated
cities and towns.
The jurisdiction powers and du
ties ot courts inferior to the su
perior court and of justice courts,
and the terms of office of judges
of such courts and justices of the
peace shall be as provided oy
taw. The legislature may ciassity
counties and precincts for the pur
pose of fiying salaries of judges
ot courts interior to the superior
court and of justices of the peace.
The civil jurisdiction of courts
inferior to the superior ciurt and
of justice courts shall not exceed
the sumos two thousand five hun
|dred dollars, exclusive of interest
and costs. Criminal jurisdiction
shall be limited to misdemeanors
The jurisdiction of such courts
shall not encroach upon the jur
isdiction of courts of record but
may be made concurrent there
with, subject to the limitations
provided in this section.
Section 33. No change made by
the legislature in the number of
justices or judges shall work the
removal ol any justice or judge
from office. The salary of any
justice or judge shall not be re
duced during the term of office
for whic hh was elected or ap
pointed.
Section 34. Any judicial officer
except a retired justice or judge
who absents himself from the
state for more than sixty consecu
tive days shall be deemed to have
forfeited his office, but the Gover
nor may extend the leave of ab
sence for such time as reason
able necessity thereior exists.
Section 35. All justices judges,
justices of the peace and. officers
of any court holding office by el
ection or appointment at the time
of the adoption of this article shall
continue in office for their re
spective terms, and until their suc
cessors are elected and quality.
The continued existence of any
office heretofore legally establish
ed or held shall not be abolished
or repealed by the adoption of
thi sarticle. The statutes and rul
es relating to the authority, juris
diction, practice and procedure of
courts, judicial officers and offic
es in force at the time of the
adoption of this article and not
consistent herewith, shall, so far
as applicable, apply to and govern
such courts judicial officers and
o' r -i or repealed.
argument
I
PROPONENTS ARGUMENT FOR
PUBLICITY PAMPHLETS, PRO
POSITION 101
What is The Modern Courts'
'mendment? The Modern Courts
\mendment is a proposal to ac
complish a revision of the judi
cial article (Article VP of the
Constitution of Arizona, and pro
vide for improved effieienev in
th e administration of justice and
elimination of congestion in the 1
i state courts.
What Will It Co^ 9 Passage of
the amendment by Arizona vot
ers in the 1960 General Election
in November will not involve any
"real increase in exo? ni ' ,it ">'P c r or
the state system of courts. New
courts will be required and or
ganized in the future even under
the Dresent judicial article of the
constitution The proposed chang
es deal primarilv with organiza
tion. authority, and procedure.
Why Do We Ne°d Revision Os
The State Court System* The
state court system of Arizona in
1960 is in subatar*’' 1 ”' *bn
form establishec by s he Consti
tution of Arizona in 1912. Since
statehood. Arizona has grown
rapidly from a sparcelv settled
frontier territory to a slate with
large metropolitan areas. Busin
ess and financial affairs and gov
ernment are incrpnsinrdv com
plex. Court procedures and court
administration suitable for early
times have become inadequate to
provide prompt and efficient ius
tice. Tn Maricona C'' ~nfv «-r.Mrt
congestion is such that an ordin
ary civil case cannot he tried for
as long as 20 monfhc and the
backlog of cases is growing. In
Pimn Coun+v' the rP I **- •« *"nre
than 6 months; and in Yuma Coun
ty, 10 months. Other counties
presently have no problem in
court delay, but the continued
population grO”dh in Arizona will
affect them. Ordinary civil ap
peals cannot be heard hv the Su
preme Court because of its cal
endar congestion until approxi
mately two and one-half years af
ter filing. This delav has steadily
increased in the past few years.
It is truly said that “justice de
layed is iusticp dcnjofl”.
What Will The Modern Courts
Amendment Accomplish 9 The most
important feature of the pro
posal to modernize tht state sys
tem of courts is that all courts
will b e brought into an integrat
ed, organized judicial system.
Under the present court structure
no one person or court has a dir
ect responsibility for the efficient
functior ag ot s ot; a
whole. Each court is autonomous
and independent of the others.
Once the judicial article is re
vised, the Chief Justice of the
Supreme Court, assisted by an Ad
ministrative Director, would have
direct authority and the responsi
bility for proper operation of and
functioning of the enure judicial
branch of the state government.
This is the on e indispensable es
sential of a modern judicial sys
tem. The U. S. Federal courts
operate under such a plan as do
the courts of California, New Jer
sey, and other states that have
successfully attacked the problem
of delays in their courts.
What Courts Are Affected: This
amendment will affect all courts
in the state including Justices of
the Peace and Police Magistrates.
The jurisdiction O' Justices of the
Peace in civil actions, set at $209
at statehood, may be increased
I to SSOO. Meritorious actions involv
| ing S2OO to SSOO today often are
j abandoned simply because of the
time and expense involved.
1 Why Salary Increases For Jud
j ges? The Moderr Courts Amend
ment would fix base salaries lor
| Supreme Court Justices at $19,500
per years, and at $17,500 for Su
perior Court Judges. Arizona iu
diciai salaries ro v are substan
tial less than those in Califor
nia Alaska. New Mexico, Oregon,
states. U. S. District Court Judg
es in Arizona are paid $22,500 in
annual salary. Our Judges must
make daily decisions which affect
.ue liberty and fives ot their tel
ow citzens. A judge's yearly out
put out importaht decisions will af
reet millions oi dollars in property
"lghts. in recent vears, Arizona
nas had a steady .oss of trained,
experienced, and otherwise ou*
standing judges because of inade
quate salaries.
Who Supports This Proposaig
The Modern Courts Amendment
was originally proposed by the
State Bar of Arizona and the Ars
pona Judges Association. It OaS
been endorsed by many business
groups, by the Arizona AFL-CIO,
by the Arizona Justices of Peace,
Magistrates and Constables Assoc
iation, by the Phoenix Council of
Crurches, by the Maricopa Coun
ty Medical Society, and by many
other groups. The Arizona Repub
lic The Arizona Daily Star, the
Tucson Citizen, ana the Pnoenix
Gazette, along with a number of
other newspapers, have editorially
supported this amendment.
STATE BAR OF ARIZONA, by
Jerry H. Glenn, 13 West Missouri
Avenue, Phoenix, Arizona.
ARIZONA COMMITTEE FOR
MODERN COURTS, by Morris K.
Udall, Route 4, Box 94, Tucson,
Arizona; Justice Fred C. Struck
meyer, 7151 North 3rd, Phoenix,
Arizona; Judge Warren L. Mc-
Carthy, 3423 North 35th, Phoenix,
Arizona; Richard H. Elliott, 1523
West Myrtle Avenue, Phoenix,
Arizona; Arthur Goldbaum, 5221
East Holmes, Tucson, Arizona;
John D. Lyons, 6425 East Brian
Kent, Tucson, Arizona; Hon. Evo
DeConcini, 2806 East Via Rotun
da, Tucson, Arizona; Robert H.
Allen, 1945 East Palo Verde, Phoe
nix, Arizona; Howard F. Thomp
son, 6748 North 11 th, Phoenix,
Arizona.
The following is the form and
number in which the question will
be printed on the Official Ballot:
AN INITIATIVE MEASURE RE
PEALING ARTICLE VI OF THE
CGNSTITUTON OF ARIZONA
AND AMENDING THE CONSTI
TUTION OF ARIZONA BY ADD
ING A NEW ARTICLE VI.
SUMMARY)
G. A. NEW ARTICLE VI.
SUMMARY)
Amending Article 6 of the
Constitution by empowering the
Supreme Court to supervise all
courts, providing an administra
tive director for the chief justice,
increasing salaries of Supreme
and Superior Court judges, estab
lishing presiding judges for each
county, permitting establishment
of new courts and temporary jud
ges, and increasing Justice Court
jurisdiction.
If you favor the above law, vote
YES; if opposed, vote NO.
YES( )
NO ( )
Jmr
Beverly J. Agnew
Democrat
STATE BOARD OF EDUCATION
(Paid Pol. Adv.)
To be submitted to the qualified
electors ot the State of Arizona
for their approval or rejection at
the REGULAR GENERAL elec
tion to be NOVEMBER 8,
1960.
Referred to the people by tht Leg
islature and filed in the office of
the Secretary of State, March 13,
1959, and printed in pursuance of
Sections 19-123, 19-124, Arizona Re
vised Statutes.
WESLEY BOLIN,
Secretary of State
*
(On Official Ballot No. 100)
A CONCURRENT RESOLUTION
PROPOSING AN AMENDMENT
TO THE CONSTITUTION OF
ARIZONA EXCEPTING UNI
VERSITY AND COLLEGE
FACULTY MEMBERS FROM
RESTRICTIONS ON THE EM
PLOYMENT OF ALIENS. AND
AMENDING ARTICLE 18
SECTION 10, CONSTITUTION
OF ARIZONA.
Be it resolved by the Senate of
the State of Arizona, the House
of Representatives concurring:
1. The following amendment of
article 18, section 10, Constitution
jof Arizona, is proposed, to be
come valid when approved by a
majority ot the qualified electors
voting therein and upon proclam.
x ation of the governor:
Section 10. No person not a citi
zen or ward of the United States
shall be employed upon or in con
nect*, n with any state, court- or
municipal works or employment:
provided that nothing herein shall
be construed to prevent the work
ing of prisoners by the state or
by any county or municipality
thereof on street or road work or
other public work and that the
provision of this section shall not
apply io the employment of any
teacher, instructor, or professor
authorized to teach in the United
States under the teacher exchange
program as provided by federal
statutes enacted by the congress
of the United States or the em
ployment of university or college
faculty members. The legislature
shall enact laws for the enforce
ment and shall provide for the
punishment of any violation of
this section.
2. The proposed amendment
(approved by a majority of the
members elected to each house °*
the legislature, and entered upon
the respective journals thereof,
together with the ayes and nays
thereon) shall be by the secre
tary of state submitted to the
qualified elects at the next reg
ular general election (or at a spec
ial election called for that pur
pose), as provided by section 1,
article 21, Constitution of Arizona.
Passed the Senate February 17,
1959 by the following vote: 25
(Continued on page 15)

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