Arizona Supreme Court Justices Bolick and King Earn High Marks for Judicial Independence

By Daniel Stefanski |

Two justices of the Arizona Supreme Court are facing significant scrutiny ahead of the upcoming November elections. Voters will have the chance to determine the future of Justices Clint Bolick and Kathryn King, both of whom have stood firm on legal principles, often to the chagrin of outside interest groups seeking their removal.

Appointed by former Governor Doug Ducey, Bolick joined the court in 2016, while King was appointed in 2021. Prior to their appointments, both justices garnered experience as private-sector attorneys, shaping their legal perspectives.

The Arizona Commission on Judicial Performance Review (JPR) has rated both justices highly, affirming their adherence to legal standards. Bolick received an average score of over 97%, while King surpassed 90% in her evaluations. The JPR aims to provide voters with credible information crucial for judicial retention elections.

Historically, judicial retention elections in Arizona have witnessed voter apathy; however, this trend is shifting as outside groups increasingly focus on judicial accountability. Bolick faces his second retention election, and it is King’s first.

This year, the justices have encountered backlash from progressive organizations, particularly following their votes on an abortion case. The group Protect Abortion Rights Arizona is prominently leading efforts to oust them, emphasizing the need for a judiciary that respects reproductive rights. Their website states, “Arizonans need a fair judiciary that will protect our rights.”

In an op-ed for The Arizona Republic, Bolick defended his vote, arguing that the decision was rooted in law rather than politics. He articulated that the court was not evaluating the constitutionality of the abortion law but rather the legislature’s adherence to legal standards following the U.S. Supreme Court’s Dobbs decision.

Bolick also referenced a previous case involving the Arizona School Boards Association, demonstrating a commitment to judicial principles over personal preferences. He highlighted that the court must invalidate laws that do not comply with constitutional requirements, regardless of their popularity.

The Judicial Independence Defense PAC has emerged as a supporter of Bolick and King, advocating for their retention amid what it describes as a political attack on the judiciary. The PAC warns that removing these justices could lead to a significant ideological shift in the Arizona Supreme Court, following external funding from liberal organizations aimed at influencing the court’s composition.

In his op-ed, Bolick addressed concerns over the politicization of the judiciary, referencing the importance of an independent court system. He quoted Justice Sandra Day O’Connor, emphasizing that judicial decisions should not waver in response to public opinion but remain grounded in constitutional law.

The outcomes of these retention elections could have lasting implications for Arizona’s judicial landscape. As the election approaches, voter awareness and engagement may shape the future direction of the Supreme Court.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.