If approved, Arizona’s Proposition 137 would end retention elections for state Supreme Court justices, judges on the state’s Court of Appeals, and superior court judges in counties above 250,000 residents. While the governor appoints justices to the Arizona Supreme Court, Arizona is currently one of 31 states that have the ability for voters to retain or reject justices. 

Democrats oppose the measure, which they view as a legislative power grab, while the state’s Republican majority in both the Arizona House and Senate supports it. 

“Without the vote of the people, the judges would have no accountability,” Felecia Rotellini, who chairs the Keep Courts Accountable PAC and is the former head of the state Democratic Party, told Bolts. “If there is no accountability to the people, then there is a motivation to lean towards their own ideological preferences, their personal preferences, their political preferences.”

“We will lose part of our democracy,” Rotellini continued.

Republican state Sen. David Gowan is one of the measure’s chief sponsors, and he says he’s worried about national groups funding state elections.

“This proposition makes it difficult for nefarious outsiders to manipulate our judicial process,” Gowan told the outlet. “We see a lot of dollars pour in from out of state to unseat judges who can’t defend themselves because they aren’t politicians.”

If Proposition 137 were to pass, judges would only face voters if they fail their performance review, which is a rare occurrence in Arizona. They could also face a retention election if they are convicted of specific crimes, declare bankruptcy, or foreclose upon a mortgage.

In Arizona, all judges, whether they be state Supreme Court justices, judges on the state’s Court of Appeals, or superior court judges in counties above 250,000 residents, are appointed by the governor via a recommendation from the 16-member Commission on Appellate Court Appointments. Once on the court, justices face performance reviews and retention elections every four to six years. 

Retired justices in the state appear unconvinced by the measure. Twenty retired justices from Arizona courts wrote a letter to voters, urging them to reject the measure.

“This merit selection/retention election system has served Arizona well. It has balanced judicial independence with accountability, allowing the judges to spend their time deciding cases, without being pressured by partisan politics,” said the letter. 

“Proposition 137 would gut this system. It would eliminate fixed terms for all merit-selected judges, virtually abolish all retention elections, and replace the voice of the people with legislative influence and oversight,” the letter continued. 

Arizona Democrats have also been organizing efforts to recall two justices up for retention who voted to reinstate Arizona’s near-total 1864 abortion ban. Gov. Katie Hobbs (D-AZ) repealed the ruling via the state legislature and reverted Arizona to the 2022 abortion law in the state, which outlaws abortion at 15 weeks and makes no exceptions for rape or incest.

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Justices Clint Bolick and Kathryn King are on Democrats’ hopeful chopping block this year as they hope abortion will be a driving factor for Arizona voters amid the turmoil surrounding abortion rights in the state.

If Proposition 137 passes on Nov. 5, it would nullify Bolick and King’s retentions on Election Day, regardless of the outcome.