Justices Shine Bright Amidst Challenges to Their Tenure

A recent evaluation panel has granted high ratings to several justices, appellate judges, and trial court judges set for retention in 2024. This endorsement coincides with increasing political campaign activities impacting judicial retention elections.

Progressive political action committees (PACs) are mobilizing efforts to oppose the retention of Justices Clint Bolick and Kathryn King. Conversely, a Republican PAC is gaining momentum to support these justices.

Douglas Cole, vice chair of the Judicial Performance Review Board, noted, “Various groups are increasingly participating in the process, which is their right. We aim to provide voters with as much information as possible.”

Judicial retention elections will take place alongside a ballot measure aimed at limiting judicial tenure. This combination has placed judicial performance and political leanings under scrutiny as November approaches.

The Commission on Judicial Performance Review utilizes surveys to evaluate judges based on criteria such as legal ability, integrity, communication, temperament, and administrative effectiveness. The latest assessments in April found one trial court judge unfit for the bench.

The comprehensive survey results were publicly released and coincided with intense campaigns surrounding the retention of King and Bolick.

Notably, approximately 99% of survey respondents praised Bolick’s integrity and communication skills, while 98% affirmed his legal ability and judicial temperament. For King, 96% found her temperament and communication satisfactory. About 90% acknowledged her integrity.

These survey results will be highlighted in the Secretary of State’s voter publicity pamphlet and are also available on the commission’s website, which includes judges’ biographies and decision histories.

In response, a new PAC named Protect Abortion Rights No Retention Bolick and King launched its campaign to highlight the justices’ ruling that upheld a 1864 abortion ban.

This group is collaborating with Progress Arizona and Planned Parenthood Advocates of Arizona. Abigail Jackson, digital director for Progress Arizona, confirmed their efforts will focus on a progressive voter guide.

The Protect Abortion Rights PAC is in the initial stages of fundraising and intends to implement traditional campaign methods, including digital ads and community outreach.

While securing votes against Bolick and King, the campaign will also address broader issues like education funding and judicial records, according to spokespersons for the group.

Notably, Bolick’s past work with the Goldwater Institute has come under scrutiny, particularly regarding his ruling against a tax initiative aimed at enhancing school budgets. King’s history as a corporate litigator also raises questions about her judicial approach.

On a national scale, organizations like the National Democratic Redistricting Committee and Planned Parenthood Votes have pledged significant resources to state supreme court races, including those in Arizona.

Conversely, the Judicial Independence Defense PAC was formed to support Bolick and King and maintain the current composition of the state supreme court, led by the Republican donor Randy Kendrick.

Kendrick warned of the potential for significant shifts in the court’s balance if Bolick and King are unseated, especially given possible future retirements that could allow a Democratic governor to appoint liberal justices.

Former Governor Doug Ducey has also voiced strong concerns, emphasizing that the replacement of these justices could lead to increased liberal influence in Arizona’s judicial system.

As of late July, the Judicial Independence Defense PAC reported over $128,000 in funding, while Progress Arizona indicated no funds had been raised during the last period.