Why have two Supreme Court justices recused themselves from pivotal judicial case?
Phoenix, Arizona: Two Arizona State Supreme Court justices -- Justices Clint Bolick and Kathryn King -- up for retention this year have recused themselves from a lawsuit challenging a legislative ballot referral that would end most judicial retention elections in Arizona.
A report in the Arizona Republic, stated that Progress Arizona is suing to prevent Senate Concurrent Resolution 1044 from appearing on the ballot. The group alleged SCR 1044 was unconstitutional because it bore a deceptive title and contained more than a single amendment to the state constitution.
What is SCR 1044?
The primary goal of SCR 1044 was to modify the way judges are appointed and retained in Arizona, particularly focusing on the state’s merit selection process. Arizona uses a merit-based system for appointing judges in its appellate courts and superior courts in counties with populations over 250,000.
Under the merit selection system, a nonpartisan commission screens judicial candidates and submits a list of nominees to the governor, who then appoints judges from this list. The system was designed to reduce political influence in judicial appointments and ensure that qualified, impartial judges are selected.
SCR 1044 proposed changes to the composition of the judicial nominating commissions that vet candidates for judicial appointments. Specifically, it aimed to adjust the balance between attorney and non-attorney members of the commission.
The resolution also included provisions related to the term limits for judges and the process by which they are retained. In Arizona, judges appointed through the merit selection process must periodically stand for retention elections, where voters decide whether they should remain in office.
What is the current status of SCR 1044?
Last week, Yavapai County Superior Court Judge John Napper ruled against the plaintiffs, finding that the component parts of SCR 1044 related to a single topic and that the measure did not violate the separate amendment rule of the Arizona Constitution. Napper also found that the title — Judicial Accountability Act — was not misleading.
Napper was assigned to the case by Judge Joseph Welty, presiding judge of the Maricopa County Superior Court, because Yavapai county judges were elected and therefore not subject to the retention election process the ballot referral seeks to change.
Attorneys for Progress Now then appealed the ruling the Arizona State Supreme Court. On Monday, the court announced a briefing schedule for the appeal, noting that Justices Clint Bolick and Kathryn King would recuse from the appeal.