TL/DR –
An Arizona group, Progress Arizona, is campaigning to oust two Arizona Supreme Court justices, Clint Bolick and Kathryn H. King, who signed a decision upholding Arizona’s controversial 1864 abortion ban. The group launched a website asking voters to sign a pledge to vote “no” on Bolick and King during the retention elections in November. Andrew Gould, a former Arizona Supreme Court justice, warned that voting out judges based on their decisions could undermine the judicial system.
An Arizona organization, Progress Arizona, is advocating to unseat Arizona Supreme Court justices Clint Bolick and Kathryn H. King, due to their participation in upholding Arizona’s controversial 1864 abortion ban. Their tenure is up for retention this November, however, concerns are being raised that this campaign could destabilize the judicial system.
Abigail Jackson of Progress Arizona expressed her belief that the justices’ decision was detrimental and that voters should use their power of vote to hold them accountable. Conversely, former Arizona Supreme Court justice Andrew Gould cautioned against using retention elections as a tool to remove judges based on unpopular decisions. He asserted that these elections are meant to assess the competency and performance of judges, not to express disagreement with their rulings.
Justices in Arizona are appointed by the governor after evaluation by a nonpartisan commission. In an attempt to influence the upcoming retention, Progress Arizona has launched a website urging voters to vote against the retention of Bolick and King, and also to aid in fundraising.
Arizona Judges and Election Campaigning
Gould explains that, unlike political campaign elections, judges do not campaign for retention elections due to the judicial code of conduct. Judges are discouraged from engaging in fundraising activities, attending political events, or discussing certain subjects. This is to ensure the judges remain independent and detached from the political sphere.
Retention Elections in Arizona
Historically, no Arizona Supreme Court justice has lost a retention election. Removal of judges at any level in Arizona is uncommon, with only six judges removed in the past 50 years. Gould attributes this to voter satisfaction with the judiciary, although the idea of using retention elections to remove judges is gaining traction.
Jackson is optimistic about their campaign due to public concern about abortion rights. However, Gould warns against this becoming a cyclical issue, where justices are voted out based on their rulings.
If Bolick or King lose the retention elections, their replacements will be appointed by Democratic Gov. Katie Hobbs. The current seven justices were appointed by former Republican Govs. Doug Ducey and Jan Brewer. Justices face retention two years post-appointment, then every six years, with mandatory retirement at age 70.
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