Arizona’s Judicial Merit Selection System Threatened

Posted by AzBlueMeanie:

Arizona instituted the merit selection system of judges in the mid-70s. Sandra Day O'Connor, then an Arizona judge, was a principal architect of the judicial merit selection system that has been a model for 29 other states that select judges by merit selection appointment.

Since she retired from the U.S. Supreme Court, Justice Sandra Day O'Connor has remained a tireless advocate for the merit selection of judges as chairwoman of the O’Connor Judicial Selection Initiative. Sandra Day O’Connor Backs Campaign to End Judicial Elections – NYTimes.com.

Despite the success of Arizona's model judicial merit selection system, it has regularly come under attack from Republicans in our regressive state legislature over the years.

Justice O'Connor's legacy is now threatened by some in the legal community who have caved under pressure to our regressive Tea-Publican legislature.

In an e-mail sent to Arizona Trial Lawyers Association (ATLA) members dated March 5, 2012, former Arizona Supreme Court Justice Stanley G. Feldman sounds the alarm for the "Death of merit selection":

I attach copies of the letters to the Arizona Legislature written by the Chief Justice, the President of the Arizona Judges Association, and the President and CEO of the State Bar of Arizona, all pledging their support for SCR1001. As you know, that measure, if passed by the voters this coming November, will remove almost all of the State Bar’s influence on the selection of judges, will pragmatically remove any limitation on the Governor’s selection of members of the nominating commissions and selection of judges, and in the long run, significantly increase the influence of the executive and legislative branches of the government over the judicial system. If passed, it will be a monumental retreat from Arizona’s tradition of judicial independence.

Please note in the second paragraph of the Chief Justice’s letter the acknowledgement that there were threats from the Legislature that prompted her decision to support SCR1001.

Stanley

Chief Justice Rebecca White Berch, Arizona Supreme Court, April 13, 2011 (.pdf)

Andrew Gould, Arizona Judges Association, April 13, 2011 (.pdf)

State Bar of Arizona, April 13, 2011 (.pdf)