Arizona Judges Rally Against Prop 137: A Call to Voters

A coalition of former judges in Arizona is rallying against Ballot Proposition 137, asserting that it threatens judicial accountability in the state. They argue this proposed measure could dismantle the longstanding merit selection system that has governed the appointment of judges in Arizona since 1974.

Historically, Arizona judges were selected through partisan elections or gubernatorial appointments until a constitutional amendment established the current merit selection system. This change aimed to remove political influence from judicial decisions and ensure judges are evaluated based on their qualifications and performance.

Proposition 137 would eliminate fixed terms for merit-selected judges and effectively abolish retention elections. If passed, it would enable judges to serve “during good behavior,” potentially granting them lifetime appointments without regular public scrutiny. Under the current system, Arizonans have the opportunity to vote on whether to retain judges every six years for appellate judges and every four years for superior court judges.

Former judges warn that if Proposition 137 is enacted, it would significantly limit public input. In the past decade, voters would have been able to weigh in on only four judges’ tenures had this measure been in effect.

Additionally, the proposition would retroactively negate any decisions voters make in the November 2024 retention elections, meaning judges could remain in office even if a majority of voters choose not to retain them.

Critics of the proposition say it would shift accountability from the public to the legislature, potentially exposing judges to undue political pressure. One legislator could initiate an investigation against a judge simply by claiming they engaged in misconduct, regardless of the validity of the allegation.

The retired judges advocating against Proposition 137 emphasize that the current system facilitates fair and impartial judicial decision-making. They argue that judges should focus on the law rather than defending themselves against politically motivated claims.

The Arizona Judges Association has also expressed opposition to the proposition. The combined voices of these retired judges and the association push for voters to reject Proposition 137 in the upcoming elections.

Among the retired judges who have publicly opposed the measure are Hon. Patricia K. Norris, Hon. Edward W. Bassett, and Hon. William Brotherton, among others. They collectively urge voters to stand against changes that could undermine judicial independence in Arizona.