Arizona

All 18 judges up for retention in Pima County Superior Court received generally high scores by the Arizona Commission on Judicial Performance, with most scoring higher than 85 percent in all categories. Judges in Pima and Maricopa counties (and state appellate judges) must stand for periodic retention by voters.

The Superior Court of Maricopa County, Arizona has prepared a short video that describes its process for selecting, evaluating, and retaining judges. Appellate courts and trial courts in the three largest counties use the O'Connor Judicial Selection Plan, and Justice Sandra Day O'Connor is featured in the video.

While the state bar association supports Proposition 115, which goes before voters in November, other members of the legal community oppose its passage. Among other changes, the measure would increase the number of nominees from which the governor makes judicial appointments and give the governor greater control over the membership of the commission that makes the nominations.

Of the 14 applicants for a supreme court vacancy, the judicial nominating commission voted to interview nine, including three Democrats. This was the most Democrats to make it to the interview stage and could have provided the largest number of nominees from which to choose of three vacancies that Governor Brewer has filled.

Fourteen attorneys, including six court of appeals judges, applied to fill the vacancy created by Justice Andrew Hurwitz’s move to the U.S. Court of Appeals for the Ninth Circuit. Only four of the fourteen applicants are Democrats. Governor Brewer’s first two appointees to the five-member court were Republicans.

A November ballot measure known as Proposition 115 would make two fairly substantial changes to the judicial nominating process, by requiring the commission to submit eight names (rather than at least three) to the governor for possible appointment and by limiting the role of the bar in selecting attorney commission members.

A state bar task force is considering a variety of judicial election reforms, including creating a response committee to identify false statements made in judicial campaigns, providing a voter guide with information about judicial candidates, and encouraging candidates to sign a “fair campaign” pledge.

In 2012, superior court judges in Pinal County will stand for retention rather than reelection. Because the county’s population now exceeds 250,000, its judges will now be included in the state’s merit selection, retention election, and performance evaluation program. Pinal County joins Maricopa County and Pima County.

President Obama nominated supreme court justice Andrew Hurwitz to the U.S. Court of Appeals for the Ninth Circuit. If Hurwitz is confirmed, Governor Brewer will have the opportunity to make her third appointment to the five-member court.

A new clinic for victims of domestic violence at the Sandra Day O'Connor College of Law will be named the Ruth V. McGregor Family Protection Clinic in honor of retired Arizona Supreme Court Chief Justice Ruth V. McGregor. Justice McGregor chairs the Advisory Committee for the O'Connor Judicial Selection Project.