On Tuesday, August 13, 2024, The Arizona Republic reported that two Arizona Supreme Court justices recused themselves from an appeal challenging a ballot measure that could end most judicial retention elections in the state.
Justices Clint Bolick and Kathryn King removed themselves from the case after attorneys for Progress Now appealed a recent ruling to the Arizona Supreme Court. Progress Arizona, a nonprofit political organization, had filed a lawsuit seeking to prevent Senate Concurrent Resolution 1044 from appearing on the November general election ballot.
SCR 1044 is a legislative ballot referral that states judges should only stand for retention, a process where voters decide whether to keep judges for another term, if they have been convicted of a felony, declared bankruptcy, or been found not to have followed proper judicial conduct standards. Currently, judges on the state Supreme Court, Court of Appeals, and Superior Courts in Maricopa and Pima counties undergo retention elections.
Last week, Yavapai County Superior Court Judge John Napper ruled against Progress Arizona, finding that the components of SCR 1044 addressed a single topic and did not violate the Arizona Constitution’s separate amendment rule. Judge Napper also determined that the title of the measure, the “Judicial Accountability Act,” was not misleading.
Because Yavapai County judges are elected rather than subject to retention, Judge Joseph Welty of Maricopa County Superior Court had assigned the initial case to Judge Napper. Now, with Progress Now’s appeal, Justices Bolick and King recused themselves as they will both be on the November general election ballot themselves and could potentially be impacted by the outcome.
Source: The Arizona Republic
