Arizona Revised Statutes
Ariz. Rev. Stat. § 38-295 (2026)
Term of office; discharge of official duties after expiration of term; appointment to fill unexpired term
✓ current as of May 2026
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A. Unless otherwise specified by law, every officer holds office at the pleasure of the appointing power.
B. Every officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified. The discharge of the duties of office for appointments requiring senate confirmation shall be governed by section 38-211.
C. Vacancies occurring in an office, or in the membership of a board or commission, shall be filled only for the unexpired term of the officer or member.
Notes of Decisions
Cited in 6
cases, 1958–2013 · leading case: Prutch v. Town of Quartzsite, 296 P.3d 94 (Ariz. Ct. App. 2013).
Prutch v. Town of Quartzsite, 296 P.3d 94 (Ariz. Ct. App. 2013). “§ 16-230(B); see also A.R.S. § 38-295(B) ("Every officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified.”
Bolin v. Superior Court, 333 P.2d 295 (Ariz. 1958). “Subsection C of Section 38-295 is controlling. That section reads: “Vacancies occurring in an office, or in the membership of a board or commission, shall be filled only for the unexpired term of the officer or member.”
Hoy v. State, 724 P.2d 35 (Ariz. Ct. App. 1984). “Robertson then held over in office for one year into the new five-year term, as required by A.R.S. § 38-295(B). 2 When Hoy was appointed Director on January 6, 1976, Robertson was in office and had held over for one year into the next five-year term.”
State v. Macias, 783 P.2d 255 (Ariz. Ct. App. 1989). “In light of the clear language of Ariz. Const, art. 7 § 15 that “Every person elected .”
Londen v. Shumway, 762 P.2d 542 (Ariz. 1988). “5, § 8 of the Arizona Constitution and A.R.S. § 38-295(C) control whether an appointed secretary of state holds office for the entire, unexpired term of his predecessor or only until the next general election after his appointment.”
Klein v. Pima Cnty. Law Enf't Merit Sys. Council, 579 P.2d 573 (Ariz. Ct. App. 1978). “” by virtue of A.R.S. § 38-295(B) which states that every officer shall continue to discharge the duties of his office, although his term is expired, until his successor has qualified.”
— Ariz. Rev. Stat. § 38-295(B) — 4 cases
Prutch v. Town of Quartzsite, 296 P.3d 94 (Ariz. Ct. App. 2013). “§ 16-230(B); see also A.R.S. § 38-295(B) ("Every officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified.”
Hoy v. State, 724 P.2d 35 (Ariz. Ct. App. 1984). “Robertson then held over in office for one year into the new five-year term, as required by A.R.S. § 38-295(B). 2 When Hoy was appointed Director on January 6, 1976, Robertson was in office and had held over for one year into the next five-year term.”
State v. Macias, 783 P.2d 255 (Ariz. Ct. App. 1989). “In light of the clear language of Ariz. Const, art. 7 § 15 that “Every person elected .”
Klein v. Pima Cnty. Law Enf't Merit Sys. Council, 579 P.2d 573 (Ariz. Ct. App. 1978). “” by virtue of A.R.S. § 38-295(B) which states that every officer shall continue to discharge the duties of his office, although his term is expired, until his successor has qualified.”
— Ariz. Rev. Stat. § 38-295(C) — 1 case
Londen v. Shumway, 762 P.2d 542 (Ariz. 1988). “5, § 8 of the Arizona Constitution and A.R.S. § 38-295(C) control whether an appointed secretary of state holds office for the entire, unexpired term of his predecessor or only until the next general election after his appointment.”
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