Arizona ballot measure aims to end state Supreme Court retention elections

If approved, Arizona Proposition 137 would end retention elections for state Supreme Court justices, state appeals court judges and superior court judges in the counties with more than 250,000 inhabitants. Although the governor appoints judges to the Arizona Supreme Court, Arizona is currently one of 31 states that allows voters to retain or reject judges.

Democrats oppose the measure, which they view as a legislative power grab, while the state’s Republican majorities in the Arizona House and Senate support it.

“Without the vote of the people, judges would have no accountability,” said Felecia Rotellini, who chairs the Keep Courts Accountable PAC and is the former head of the state Democratic Party. Bolts. “If there is no accountability to the people, then there is a motivation to look at one’s own ideological preferences, one’s personal preferences, one’s political preferences. »

“We are going to lose part of our democracy,” Rotellini continued.

Republican Sen. David Gowan is a lead sponsor of the measure and he says he is concerned about national groups financing elections in the state.

“This proposal makes it difficult for nefarious outsiders to manipulate our judicial process,” Gowan told the outlet. “We’re seeing a lot of money pouring in from out of state to oust judges who can’t defend themselves because they’re not politicians. »

If Proposition 137 were to pass, judges would only face voters if they fail their performance evaluation, which is a rare occurrence in Arizona. They could also face a retention election if they are convicted of specific crimes, file for bankruptcy, or foreclose on a mortgage.

In Arizona, all judges, whether state Supreme Court justices, state Court of Appeals judges, or superior court judges in counties with populations greater than 250,000 , are appointed by the governor on the recommendation of the 16-member Commission on Court of Appeals Appointments. . Once on the court, judges are subject to performance evaluations and retention elections every four to six years.

The state’s retired judges appear unconvinced by the measure. Twenty retired Arizona court judges wrote a letter to voters, urging them to reject the measure.

“This merit selection/retention election system has served Arizona well. He balanced judicial independence and accountability, allowing judges to spend their time deciding cases, without being pressured by partisan politics,” the letter said.

“Proposition 137 would empty this system of its substance. It would eliminate fixed terms for all merit-selected judges, abolish virtually all retention elections, and replace the voice of the people with legislative influence and control,” the letter continued.

Arizona Democrats also organized efforts to recall two judges up for retention who voted to reinstate Arizona’s 1864 near-total abortion ban. Gov. Katie Hobbs (D-AZ) repealed the decision through the state legislature and returned Arizona to the State Abortion Act of 2022, which bans abortion in 15 weeks and makes no exceptions for rape or incest.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

Justices Clint Bolick and Kathryn King are on Democrats’ hopeful chopping block this year as they hope abortion will be a deciding factor for Arizona voters amid turmoil over abortion rights in the state.

If Proposition 137 passes on November 5, it would overturn Bolick and King’s Election Day retentions, regardless of the outcome.