GOP-backed ballot measure would keep Arizona Supreme Court intact, even if justices voted out

A resolution awaiting approval from the state House could keep Arizona’s Supreme Court justices on the bench, even if voters decide to reject them on the ballot in November.

Democratic activists have encouraged Arizonans to vote against retaining Arizona Supreme Court Justices Clint Bolick and Kathryn H. King after they voted to enforce the 1864 abortion ban last week.

But a Senate resolution would do away with Arizona’s judicial retention elections, allowing superior, appellate and Supreme Court judges to have lifelong terms. Currently, those judges are appointed through a merit selection process and face retention elections every six years.

Sen. David Gowan, R-Sierra Vista, introduced the resolution earlier this year and said at a hearing in February that retention elections are ineffective at removing judges and voters often ignore that portion of their ballots.

“I don’t even know if most people know all of the judges that they’re looking at,” Gowan said.

Gowan’s resolution would apply retroactively, meaning any results from November’s judicial retention elections would be thrown out. If voters chose not to retain Bolick and King but Gowan’s resolution passed, they would remain on the bench.

Cathy Sigmon, the cofounder of Civic Engagement Beyond Voting, said the group strongly opposes Gowan’s resolution and the implications it could have for this year’s elections.

“The Supreme Court decision demonstrates how out of step (the justices) are with Arizonans,” Sigmon said.

She said she disagrees with Gowan’s claims that voters don’t care about judicial retention elections but are instead “hungry for more information.” It's why CEBV created a guide to inform voters on the judges up for retention, Sigmon said.

Gowan did not immediately respond to requests for comment on the resolution and the effects it could have on this year’s elections.

The resolution, if passed by the House, would appear on the ballot and be decided by voters on Election Day. It passed the Senate with all Republicans in favor and all Democrats against it.

At the February committee hearing, Sen. Flavio Bravo, D-Phoenix, said voters clearly pay enough attention to judicial retention elections because three judges were not retained in 2022.

“I think voters are trying to find more information, they are trying to pay attention and I don’t think they would want their ability to weigh in to be removed," Bravo said.

Sixty other judges will be on the ballot in Arizona this year and their retention elections would also be impacted by the resolution. However, only six judges have ever been removed from the bench during a retention election, so most judges can expect to stay on the bench even if the resolution does not pass.

Currently, the resolution still needs to be heard by the House Rules Committee before it can be sent to the floor for a vote. It is not guaranteed a vote, however, as Republican leaders in the Legislature want to avoid adding too many ballot referrals that could create voter fatigue.

Sigmon said she’s glad the abortion issue has brought more attention to judicial retention elections and hopes voters reject the resolution if it makes it on the ballot in November.

“Taking away our democratic rights to weigh in on any branch of government is to be resisted and opposed,” she said. “I am a fierce defender of my vote, my ability to vote and I don’t like anybody trying to limit my democratic rights and I suspect a lot of people feel same way.”

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This article originally appeared on Arizona Republic: Senate resolution could keep AZ Supreme Court justices from removal