12-3151. Nominations; commissions on trial and appellate court appointments; voting records

A. If the commission on appellate court appointments is required to fill a vacancy in the office of a justice or judge of the supreme court or an intermediate appellate court of record pursuant to article 6, section 37, Constitution of Arizona, the commission shall submit to the governor the names of at least five persons nominated by it to fill the vacancy, except that on a two-thirds vote, the commission may reject an applicant and submit fewer than five names. If the commission submits five or more nominees, not more than sixty per cent of the nominees shall be from the same political party. If the commission submits fewer than five nominees, no more than two nominees may be from the same political party.

B. If the commission on trial court appointments is required to fill a vacancy in the office of a judge of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons pursuant to article 6, section 37, Constitution of Arizona, the commission shall submit to the governor the names of at least five persons nominated by it to fill the vacancy, except that on a two-thirds vote, the commission may reject an applicant and submit fewer than five names. If the commission submits five or more nominees, not more than sixty per cent of the nominees shall be from the same political party. If the commission submits fewer than five nominees, no more than two nominees may be from the same political party.

C. The voting records of all members of the commission on appellate court appointments and the commission on trial court appointments shall be recorded in the minutes and made public. A voting record shall include how each individual commissioner voted.