Books and Journals § 7.2.1.1 Original Jurisdiction.

§ 7.2.1.1 Original Jurisdiction.

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§ 7.2.1.1 Original Jurisdiction. Arizona’s Constitution, as amended in 1960, grants the supreme court original jurisdiction to entertain any “extraordinary writs” directed to a state officer. See ARIZ. CONST. art. VI, § 5(1) (The supreme court shall have “[o]riginal jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to State officers.”). A party seeking such a writ must proceed by way of a special action. See, e.g., Forty-Seventh Legislature v. Napolitano, 213 Ariz. 482, 485, ¶ 10, 143 P.3d 1023, 1026 (2006) (citing RPSA 1).

Before 1960, the Arizona Constitution limited the supreme court’s original jurisdiction to the issuance of writs of habeas corpus, quo warranto and mandamus to state officers. Consequently, cases decided before the 1960 amendment may not provide meaningful guidance. See, e.g., Lindsey v. Duncan, 88 Ariz. 289, 356 P.2d 392 (1960) (holding, prior to constitutional amendment, that supreme court lacked jurisdiction to issue writ of prohibition to state administrative officer).

Although the supreme court has “original jurisdiction” over certain special...

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