Dobson v. State
Annotate this CaseFour members of the Commission on Appellate Court Appointments filed this special action asking the court to declare H.B. 2600 unconstitutional and to enjoin the Commission from applying the statute. The Arizona Constitution established the Commission and required it to submit "not less than three" nominees to the governor for her appointment to fill an appellate judicial vacancy. H.B. 2600 directed the Commission to submit "the names of at least five persons" to the governor, unless an applicant was rejected by a two-thirds vote of the Commission, in which case it could submit fewer than five names. The court held that H.B. 2600 was unconstitutional because it directly conflicted with Arizona's Constitution. Accordingly, the court enjoined the Commission from applying the statute and awarded reasonable attorney's fees to petitioners upon compliance with Arizona Rule of Civil Appellate Procedure 21.
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