Az Con Law

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AZ Article 1:

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Defines physical boundaries of the state, empowers legislature to alter or redefine those boundaries and to effect those changes on approval by Congress

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AZ Article 2:
Power of the People

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All political power is inherent in the people; the governments derive their just rights from the consent of the governed & are established to protect and maintain individual rights

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AZ Article 2:
Federal and State Powers

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USC is the supreme law of the land. Where federal and state statutes have reference to the same subject matter, federal law is controlling (duh)

HOWEVER: AZ will not declare a state statute unconstitutional due to a USSC ruling unless that ruling is made by at least 5 justices.

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AZ: Article 3:
Distribution of Powers: Division into 3 departments; Legislative, Executive, Judicial

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Each department independent and no department may exercise powers belonging to another. However the legislative department may delegate a measure of its authority to administrative agencies.

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AZ: Article 3:
Distribution of Powers: Limitations of Delebations of Authority

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An agency to which legislature has delegated some of its authority may exercise only that authority specifically granted to it by the enabling statute. Any excursion beyond the administrative guidelines is a usurpation of constitutional powers vested in the legislature.

Form of Delegation: Delegation need not be set forth in express terms, if it may be inferred from the statutory scheme as a whole.

Executive Branch: Interpretation of Law If the Q parameters are met, the legislature may delegate to the executive branch the power to interpret its law. However, if a litigant challenge an interpretation made by the executive branch, it is the court that has exclusive authority to decide what the correct interpretation is.

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AZ: Article 3: Encroachment of Executive Function:
Legislature can remove officer only through impeachment

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Power to remove a public officer is an executive function, and the legislature may not remove a public officer except through the constitutional power of impeachment.

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AZ: Article 3: Encroachment of Executive Function:
Statutory Mandatory Prison Sentence for Kidnapping NOT Encroachment

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AZSC has held that legislation prescribing mandatory prison sentences, without possibility of parole in kidnapping cases was not an invasion of the powers of the executive

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AZ: Article 3: Encroachment of Executive Function:
Lifetime Parole on Court's Conditions: Encroachment

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It has been held that ordering a person convicted of a dangerous crime against children to be supervised on parole "on such conditions as the court" deems appropriate for the rest of the convict's life constitutes judicial encroachment by the courts on the executive branch.

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AZ: Article 3: Encroachment of Judicial Function:

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Not every statute dealing with court procedure violates the separation of powers doctrine. Courts will honor such statutes as are reasonable and workable and that supplement, as opposed to conflict with, rules promulgated by the court.
EX: Despite the contention that the abolition of joint and several liabilities require the court to consider actions of nonparties and and sanctioned trial by hearsay and innuendo without confrontation or cross-examination, a statute abolishing joint and several liability was held not to conflict with the rules of evidence or civil procedure. Thus, it did not violate the separation of powers doctrine
EX: A statutory provision requiring a mandatory prison sentence for a person convicted of assault while armed with a deadly weapon was not an unconstitutional invasion of the power of the judicial department.
EX: Compare:
A portion of a DV statute requiring prosecutorial concurrence with the judge's decision to defer entry of judgment of guilt and place the D on probation violated the separation of powers doctrine.

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AZ: Article 3: Encroachment of Legislative Function:

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Generally the power to define conduct that will not be tolerated in an ordered society and to provide punishment for those who engage in such conduct rests with the legislature.
EX: It was a violation fo the doctrine of separate powers for the legislature to provide that certain crimes be punished as class 4 felonies, but allowing the court to enter judgment for conviction for a Class 1 misdemeanor on the state's motion, if the defendant had not been previously convicted of a felony.
EX: While the governor may properly revert to the general fund money that is unnecessary to carry out legislative policy, he cannot in advance order a blanket reversion. Such a reversion would allow the governor to reallocate funds appropriated by the legislature in violation of the separation of powers doctrine.

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AZ: Article 5: Executive Power
Constitutional Offices

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Term of office is four years, members of the xecutive department limited to two consecutive terms.
Constitutional offices are:
1) Governor
2) Secretary of State
3) State Treasurer
4) Atty General
5) Superintendent of Schools

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AZ: Article 5: Executive Power
Constitutional Offices: Requirements for Eligibiltiy

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Officer must be:
1) at least 25
2) US Citizen for 10 years prior to election
3) Arizona resident for 5 years prior to election

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AZ: Article 5: Powers of the Governor:
Constitutional Provision

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A. 5, s4: Governor "shall transact business with the officers of the Governmetn, civil and military and may require any information in writing from in writing from the officers in the executive department upon any subject relating to the duties of their respective offices."

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AZ: Article 5: Powers of the Governor:
Duties:

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The governor must 1) communicate with the legislature while it's in session and execute the legislation it enacts; and 2) Report annually on the condition of the state.

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AZ: Article 5: Powers of the Governor:
Additional Powers

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1) Special Sessions: Governor can convene extraordinary sessions of the legislature
2) Reprieves and Pardons: May grant reprieves, commutations and pardons (only after conviction) for all offenses except treason and cases of impeachment.
NOTE: Commutation is a matter of the grace of the governor, and not a right of a convict.
3) Veto Power: Every bill passed by the legislature prior to becoming law must be presented to the governor for approval or veto. Governor may approve some portions of a bill and veto others.
If governor does not act in 5 days, bill becomes law as if the governor had signed it.
--Veto may be overriden by 2/3 vote of both houses of legislature
--No veto power over referenda.

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AZ: Article 5: Death of Governor

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ON governor's death, the secretary of state ascends until his successor can be appointed. However, if the Secretary of State held that position other than by election, the AG, the State Treasurer, or the Superintendent of Schools will succeed to the office.

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Article 5: Powers and Duties of State Officers: AG

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May initiate proceedings on behalf of the state, but has no common law powers. Moreover, the AG may appear in opposition to a particular state agency only if there is a specific grant of statutory power to do so.

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Article 5: Powers and Duties of State Officers: State Treasurer

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The state treasurer is responsible for the treasury of the state. Monies entrusted to the state treasurer may not be loaned.

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Article 5: Powers and Duties of State Officers: Immunity

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When state officers act within their statutory authority, they are immune from civil liability for their acts.

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Article 5: Powers and Duties of State Officers: Compensation of State Officers

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A panel of 5 private citizens, appointed by all three departments comprises the Commission on Salaries. It transmits its recommendations to the governor, who then makes recommendations on salary changes to the legislature. The recommendations become effective on approval of the legislature.

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AZ: Article 6: The Judicial Department:
Division of Power

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Article 6 establishes the judicial power of the Arizona State courts. That power consists of a supreme court, superior courts, and those intermediate appellate courts which may be established by the legislature.

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AZ: Article 6: The Judicial Department:
SCA

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Composition: The Supreme Court of AZ must have at least 5 justices. The legislature may increase or decrease the number of justices, but there must be a minimum of 5.
---> Court Rules: SCA may promulgate its own court rules, but must sit either en banc or in divisions of not less than three.

**It may not declare any law unconstitutional except when** sitting en banc.

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AZ: Article 6: The Judicial Department:
SCA: Chief Justice: Administrative Supervision

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SCA charged with administrative supervision of all the courts in the state. This duty is performed by the chief justice on behalf of the court. In the chief justice's absence, this role is filled by the vice-chief justice.

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AZ: Article 6: The Judicial Department:
SCA: Chief Justice: Term of Chief Justice

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Chief justice elected by court for 5 year term. The vice-chief justice is elected to a term determined by the court. A member of the court may resign the office of chief justice without resigning from the court.

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AZ: Article 6: The Judicial Department:
SCA: "Regular" justice terms:

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Justices hold office for a regular term of 6 years.

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AZ: Article 6: The Judicial Department:
SCA Jurisdiction

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Original: Habeas corpus and quo warranto, mandamus, injunction and other extraordinary writs to state officers, and original and exclusive jurisdiction to hear cases between counties concerning boundary disputes and surveys or concerning claims of one county against another.

Appellate: SCA has appellate J in allactions and proceedings except civil and criminal actions originating in courts not-of-record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance.

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AZ: Article 6: The Judicial Department:
SCA Additional Powers:

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Supreme Court has power to:
1) Issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.
2) Make rules relative to all procedural matters in any court
3) Exercise any other jurisdiction as may be provided by law.

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AZ: Article 6: The Judicial Department:
SCA: Qualifications to Serve as Justice

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Must have been admitted to the practice of law, and have been a resident of the state for 10 years prior to taking office.

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AZ: Article 6: Appellate Courts

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Jurisdiction, powers, duties, and composition of any intermediate court are purely statutory.
EX: Court of appeals is not vested with jurisdiction to issue writs of mandamus to inferior tribunals and boards.

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AZ: Article 6: Superior Courts: Original Jurisdiction

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1) Cases and proceedings in which exclusive J is not vested in another court.
2) Cases of equity and law which involve title to or possession of real property, or the legality of any tax, impost, assessment, toll or municipal ordinance.
3) Other cases in which the demand or value of property is in excess of $1000 or more, exclusive of costs and interest.
4) Felonies and certain misdemeanors
5) Actions of FED
6) Proceedings in insolvency
7) Actions to prevent or abate nuisance
8) Matters of probate
9) Divorce and annulment of marriage
10) Naturalization and the issuance of papers therefor
11) Special cases and proceedings not otherwise provided for and such other jurisdiction as may be provided by law.

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AZ: Article 6: Superior Courts:
General Jurisdiction

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Court of general jurisdiction in cases and proceedings in which exclusive jurisdiction is not vested in another court. It also has the power to carry out and give effect to the exercise of its enumerated grand of jurisdiction.

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AZ: Article 6: Superior Courts:
Juvenile Matters

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Jurisdiction as to juveniles is provided by legislature and by initiative or referendum. Juveniles 15 or older who are either chronic felons or accused of murder, forcible sexual assault, armed robbery, or other violent felonies are to be prosecuted in the superior court as adults.

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AZ: Article 6: Superior Courts:
Appellate J

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Sup. Ct. has appellate J over all cases arising in the Justice Courts and other courts inferior to the superior court.

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AZ: Article 6: Superior Courts:
Extraordinary Powers

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1) Issue writs: Superior court may issue writs of mandamus, quo warranto, review, certiorari, prohibition and writs of habeas corpus by or on behalf of a person held in actual custody. Such writs may be issued on legal holidays and nonjudicial days.
2) Appoint commissioners, masters and referees: Judges may appoint in their respective courts.

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AZ: Article 6: Superior Courts:
Right to Jury Trial

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Trial by jury exists in all civil and criminal cases in the superior court. Grand juries are drawn and summoned only by order of the superior court.

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AZ: Article 6: Superior Courts:
Limitation of Powers of Superior Court: Decision Time

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Every matter submitted to a judge of the superior court for his decision must be decided within 60 days.

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AZ: Article 6: Superior Courts:
Limitation of Powers of Superior Court:
Reversal

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No case may be reversed for error in pleadings or proceedings where, looking at the whole case, it appears that substantial justice was done.

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AZ: Article 6: Superior Courts:
Limitation of Powers of Superior Court:
Practice of Law or Political Office

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No-no's. Judges may not practice law, hold other political offices or actively take part in political campaigns other than their own.

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AZ: Article 6: Superior Courts:
Judges Pro Tem

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Temporary judges are provided by the legislature; they have all the powers of an elected judge.

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AZ: Article 6: Superior Courts:
Qualifications to Serve as Judge in Superior Court and Other Courts

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Judge must have been admitted to the practice of law and be a resident of the state for a minimum of 5 years and be at least 30 years of age.

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Article 6: Justices of the Peace

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1) Civil J: Can't exceed $10K.
2) Criminal J: LImited to misdemeanors. JP judges may conduct hearings in felony cases.
3) JP Judges Need NOT be Licensed Atty's.
4) Judicial Conduct: Provisions of AZ Q governing judicial condcut apply to JPs.
5) Not of record.

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Article 4: The Legislative Department
Initiative and Referendum

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1) Powers reserved to the people; Although legislative authority of the state is vested in a legislature, consisting of a senate and a house of representatives, the people have reserved the power to propose laws and amendments to the constitution and to enact or reject them at the polls.
--->Initiative: Under this measure, 10% of the qualified electorate has the right to propose any measure; 15% is required for constitutional
amendment.
---> Referendum: With a referendum, the legislature or 5% of the electorate may submit to the people at the polls any measure, item or section enacted by the legislature except those immediately necessary for the preservation of the public peace, health or safety.

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Article 4: The Legislative Department
Initiative Petitions:

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All initiative petitions must be filed with the secretary of state not less than 4 months before the election. Initiatives become effective when approved by a majority of the voters and on proclamation from the governor.

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Article 4: The Legislative Department
Referendum Petitions

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All referendum petitions must be filed with the secretary of state not more than 90 days after the final adjournment of the session of the legislature that passed the measure to which the referendum is applied, A majority of the votes case is required for a referendum to become law.

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Article 4: The Legislature
House and Senate

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1) Senate: Consists of one member elected from each of the 30 legislative districts.
2) House of Representatives: Consists of two members elected from each of the 30 legislative districts.

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Article 4: The Legislature
Qualifications to become a Legislator

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1) At least 25
2) A U.S. citizen
3) A resident of Arizona for at least 3 years prior to election
4) A resident of the legislative district for at least one year.

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Article 4: The Legislature
Terms of Office

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Legislators serve two year terms and are prohibited for holding office for more than four consecutive terms.

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Article 4: The Legislature
Sessions:

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Legislature meets annually starting on the second Monday of January each year.

Special Session: The governor may call a special session whenever, in his judgment, it is advisable. The governor must specify the subjects to be considered in special session, and no laws may be enacted except as relate to subjects specified in the call.

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Article 4: The Legislature
"Double Dipping" Prohibited

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Legislators may not hold public office or be otherwise employed by the state during the term for which they were elected. This does not apply to school teachers or office of school trustee.

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Article 4: The Legislature
Freedom of Debate

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No member of legislature is liable in any civil or criminal matter for words spoken in debate. However, this privilege does not extend to slanderous words spoken on the floor of the legislature.

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Article 4: The Legislature
Privilege From Arrest and Civil Process

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Members of the legislature are free from civil process during the session fo the legislature, and are free from arrest except fro treason, felony and breach of the peace.

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Article 4: The Legislature
Quorum:

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A majority of the members of each house constitutes a quorum to do business. A majority of both houses is required to pass any bill.
NOTE: Each house must keep a journal of proceedings recording the votes on any question voted upon.

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Article 4: The Legislature
Sanctions

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The legislature may punish its members for disorderly behavior.

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Article 4: The Legislature
Lawsuits Against the State

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The legislature directs by law in what manner an din what courts suits may be brought against the state.

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Article 4: The Legislature
Local or Special Laws

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Local government was specifically pre-empted by the legislature in pasing laws in the following areas:
Granting divorces, locating or changing county seats, changing rules of evidence, changing the law of descent or succession, regulating the practice of justice courts, limiting civil actions or giving effect to informal or invalid deeds, punishing of crimes and misdemeanors, Laying out, opening, altering or vacating roads, plats, streets, alleys and public squares, assessing and collecting taxes, regulating the rate of interest on money, conducting elections, affecting the estates of deceased persons or of minors, granting to any corporation, association or individual any special or exclusive privileges, immunities or franchises, remitting fines, penalties and forfeitures, changingnames of persons or places, regulating the jurisdiction and duties of JPs, incorporating cities, towns or villages amending their charters, relinquishing any indebtedness, liability or obligation in the state, summoning and empaneling juries and determining whne a general law can be made applicable.

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Article 2: Declaration of Individual Rights: Similar to Bill of Rights

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Declaration of individual rights mirrorrs the Bill of Rights in the Fed. Q.
"Declaration of Individual Rights "are a mirror image to the US Q. Article 4 reads "No person shall be deprived of life, liberty or property without due process of law.
Procedural Due Process is identical to US-Q analysis..

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Article 2: Declaration of Individual Rights: Specific Rights

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1) Right of petition and assembly,
2) Right to freely speak, write and publish on all subjects, being responsible for the abuse of that right.
3) No person shall be disturbed in hsi private affairs, nor his home invaded without authority of law.
4) No irrevocable grants of privilege or immunities.

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AZ: Specific Individual Rights: Continued

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5) No person shall be compelled to give evidence against himself in any criminal case or be put in double jeopardy
6) Fair administration of justice is the guiding principal of law.
7) Liberty of conscience, no appropriations for religion, religious freedom
8) Equal privileges and immunities
9) Habeas Corpus
10) No excessive bail, no cruel and unusual punishment
11) No corruption of blood (interference with inheritance) or forfeiture of estate on conviction

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AZ: Specific Individual Rights: Continued

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12) Right of eminent domain, but just compensation is to be given for taking of private property.
13) No imprisonment for debt
14) Military power is subordinate to civil power
15) All elections shall be free and equal
16) Most noncapital offenses bailable.

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AZ: Specific Individual Rights: Continued

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17) 12 person jury in criminal cases in which a death sentence or 30 year imprisonment are authorized by law. In criminal cases, the unanimous consent of the jurors is necessary. In all other cases, the number of jurors, not less than 6, and the number requried to render a verdict shall be specified by law.

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AZ: Specific Individual Rights: Continued

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18) No bills of attainder or ex post facto laws.
19) Right to bear arms
20) No standing army within the state in peacetime, and no quartering of soldiers without property owner's consent.
21) Treason against the state consists of making war against the state, adhering to its enemies, or giving them aid and comfort. Two witnesses are required.

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AZ: Specific Individual Rights: Continued

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22) No hereditary emoluments (any profit or gain arising from possession of office)
23) Requirement of indictment or informaiton; right to a preliminary hearing
24) State may not limit the amount of recovery for personal injury or wrongful death.

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Article 2: Declaration of Individual Rights:
Victim's Bill of Rights

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Article 2 includes Victims' Bill of Rights: gives crime victims right to be informed of D's release, right to be present at criminal trials (and to receive notice of them) the right to be heard at post-arrest proceedings involving negotiated please, and sentencing and at proceedings where post-conviction release of the D is to be decided. The right to restitution from the convict, etc.

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Article 7: Sufferage and Elections
Secret Ballot

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All elections by secret ballot. Qualified voter may take any notes or lists into the voting booths, provided the voter does not use them to electioneer.

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Article 7: Sufferage and Elections
Voter Qualifications

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1) 18
2) A resident of the state for at least a year precedingthe election; and
3) Neither insane nor a convicted felon.

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Article 7: Sufferage and Elections
Residence

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Loss of residence will not occur by reasons of presence or absence from the state while in the service of the U.S. or while in college. No soldier, sailor or marine is deemed a resident of AZ simply by virtue of being stationed in the state.

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Article 7: Sufferage and Elections
Privilege from Arrest

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Electors en route to or returning from the polls are privileged form arrest except in cases of felony, treason or breach of the peace.

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Article 7: Sufferage and Elections
Military Personnel

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Voters are not required to perform military duty on day of election.

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Article 7: Sufferage and Elections
Election

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Registration laws must be enacted to secure the purity of the elections. All general elections must e held on the first Tuesday following the first Monday in Novemnber. the candidate receiving the highest number of votes is declared elected.
--> Direct Primaries Required.
--> No Ballot Fees: No fee may be required in order ot have the name of any person placed on the official ballots for any election or primary.

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Article 8: Removal from Office

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Generally, all public officers are subject to recall from office by the qualified electors of the district from which the candidates are elected. 25% of the number of votes cast at the last election is required for a recall peitition.

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Article 8: Removal from Office
Recall Petitions

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Petitions for recall must contain a general statement of reasons for the recall demand and mustbe filed together with the necessary signatures at the officer where nomination petitions are normally filed. IF the officer has not tendered his resignation within 5 days of the filing of the recall petition, a special election is to e scheduled to determine whether the officer is to be recalled.

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Article 8: Removal from Office
Recall Petitions: Six Month Rule

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No recall petition may be circulated until the person has held office for at least 6 months, except for recall petitions recalling members of the legislature, which may be circulated at any time after 5 days from teh beginning of the first session after the legislator's election.

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Article 8: Removal from Office
Recall Petitions: Other Candidates May Run at Special Election

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Other candidates may be voted upon in a special election. the candidate receiving the highest number of votes is declared elected for the remainder of the term.

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Article 8: Removal from Office
Recall Petitions: Second Recall Costs

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No second recall election may be had against an officer unless the petitioners first pay into the treasury to cost of administering the original election.

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Article 8: Removal from Office
Impeachment

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The House of Reps has the sole power of impeachment. The concurrence of a majority of all members is requried for impeachment. Impeachments are tried by the senate, and presided over by the CJ of the AZ SC. Impeachment requires 2/3 vote of all Senate members.
NOTE: An officer convicted in an impeachment trial and removed from office is not required to be automatically disqualified from holding any office in the future.

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Article 8: Removal from Office:
Term Limits: Congress

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AZ limits terms of members of Congress elected from the state to two consecutive terms for U.S. Senators and three for members of the U.S. House. However, SCOTUS has found such limits to be UnQ.

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Article 9: Public Debt, Revenue, Tax
Power of Taxation

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All taxes must be uniform on the same class of property within the territorial limits of the authority imposing the tax. Taxes may be levied and collected for public purposes only. The act that imposes a tax must be clear and unambiguous. Muni power to tax must be conferred by an act of the legislature. Taxing power may not be surrendered, suspended or contracted away.

Vote Required: An act providing for an increase in taxes must be approved by at least 2/3 of the members of both houses of legislature.

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Article 9: Public Debt, Revenue, Tax
Exemptions: Property

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Government, educational, charitable and religious property is exempt from tax. Items used in the home or for noncommercial uses and all stocks of raw or finished goods or works in progress are also exempt. The legislature may exempt personal property that is used for agricultural purposes or in a trade or business, but that exemption does not apply to any amount of the property's cash value that exceeds $50K.

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Article 9: Public Debt, Revenue, Tax
Exemptions: Persons Exempt

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Each person over age 17 who has been medically certified as totally and permanently disabled is exempt. Widows receive partial exemptions. Soldiers and sailors are provided partial exemption from taxation on real property.

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Article 9: Public Debt, Revenue, Tax
Exemptions: Application--Favor Taxability (don't forget who you're dealing with...)

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Laws exempting property are to be strictly construed, and interpreted in light of presumption of taxability.
-Party claiming exemption has burden of proof
-Manufacturer's property stored in AZ is not within the exemption provision if the property is in the state principally for even a slight amount of production or assembly. Similarly, such property may not be treated as exempt inventory.

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Article 9: Public Debt, Revenue, Tax
Limitations of Power to Tax and Spend:
State

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The legislature must provide by law an annual tax sufficient to defray the necessary, ordinary expenses of the state for each fiscal year. Tax levies may be paid into the state treasury in monies only. When expenses exceed receipts in any year, the legislature must provide for an additional tax the ensuing year to pay the deficiency.

Fiscal Year: The fiscal year commences the first day of July each year .Annual statements of receipts and expenditures must be published each year.

Debts: May not exceed $350K. State has power to contract debts, but the aggregate amount may not exceed $350K. Money arising from the creation of the debt must be applied to the purpose for which it was originally obtained.

Supermajority Requirement: Increased tax levies and impositions of new taxes require a 2/3 vote for approval and a 3/4 vote to override gubernatorial veto.

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Article 9: Public Debt, Revenue, Tax
Limitations of Power to Tax and Spend:
Cities and Towns

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Incorporated cities and towns may be vested by law with power to make local improvements by special assessments or by special taxation of the property benefited.

Loans: State government and all gov't subdivisions are prohibited from loaning money or extending credit to any individual, association or corporation.

Expenditure Limits: Expenditure increases beyond those justified by population growth and cost-of-living increases are subject to super-majority voting requirements.

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Article 9: Public Debt, Revenue, Tax
Limitations of Power to Tax and Spend:
Private Schools

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No tax may be laid or appropriated to aid any church or private or sectarian school or any public service corporation.

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Article 10: State and School Lands

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All lands transferred ot the state are held in trust by the state and may be transferred by teh sate only in accordance with the terms of this article. State lands may be sold or leased only to the highest bidder at public auction or under conditions defined in Article 10, Section 3, and legal title to state lands may not be passed until full consideration has been paid.

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Article 11: Education
Legislature's Duty to School System

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Legislature must enact laws to provide for the establishment and maintenance of a general and uniform public school system. It must also provide for the education of the deaf, mute and blind.
The requirement that the school system be uniform prohibits the legislature from adopting a financing system that creates gross disparities between districts. (e.g. funding schemes based on district property values)

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Article 11: Education
State Board of Education

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Membership of the state board of education consists of the superintendent of public instruction, a president of a state college or state university, three lay members, a member of the state junior college board, a superintendent of a high school district, a classroom teacher and a county school superintendent.

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Article 11: Education
State Constitutional Right to Education

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Free schools must be provided for those between 6-21 years of age.

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Article 11: Education
No Sectarian Education Allowed: No Religious or Political Test may Ever be Required

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It has been held that a law providing tax credit to persons who donate to organizations that provide scholarships or tuition grants to students who attend private schools does not violate Article 11, section 7.

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Article 12: Counties
Legal Status

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Each county of the state is a body politic and corporate

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Article 12: Counties
County elective officials are:

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1) Sheriff
2) Recorder
3) Treasurer
4) School Superintendent
5) CA
6) County Assessor; and
7) Three supervisors

Term of Office; County Term of office is 4 years.
Charter Counties: Those with populations in excess of 500,000 may establish county charters with different provisions.

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Article 18: Labor
Restrictions

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8 hour workday is a full day's work
No child under 14 may be employed during school hours.
No child under 16 may work underground in the mines or in any hazardous occupation (health, morals, life limb)

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Article 18: Labor
Employer Liability

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Employer liable for own negligence injurying employees: He may not K away his liability for injuries suffered by employees as a result of employer's negligence.
Fellow Servant Doctrine abolished.
Workers' Comp. requried.
"Right to Work" State: right to work without membership in a labor organization is guaranteed.

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AZ Con: Miscellaneous Provisions
Polygamous Marriage

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Polygamous marriage or cohabitation are prohibited.

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AZ Con: Miscellaneous Provisions
Death Sentences

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By lethal injection. Those convicted before Nov. 23 1992 have the choice between gas and needle.

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AZ Con: Miscellaneous Provisions
Real Estate Instruments

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Licensed real estate brokers can prepare instruments incidental to property transfer.

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AZ Con: Miscellaneous Provisions
English Language

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Although the Q provides that English is the official language of the state, and that state and political subdivisions are to act in English and no other language
SCA has held Article 28 unQ under the Fed.Q.
The court found a First Amendment violation because Art. 28 both adversely impacts the rights of non-English speakers to obtain gov't access, and limits the political speech of elected officials and public employees. Th court also found an equal protection violation.

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AZ Con: Miscellaneous Provisions
Separate Fund

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A separate permanent fund is to be set up for each object for which grants are made, and no money may be taken from one fund and deposited in another. One such permanent fund is the state school fund.