Arizona lawmakers agree to let voters decide on retention rules for state Supreme Court justices

PHOENIX (AP) — Arizona lawmakers voted Wednesday to send an initiative to the November ballot that would protect two state Supreme Court justices targeted for removal from the bench over their support for a near-total abortion ban dating back to the Civil War.

Both chambers of the Legislature agreed to allow voters to decide Nov. 5 whether to eliminate the terms of six years for Supreme Court justices and four years for Superior Court judges in large counties. That will allow them to serve indefinitely “during good behavior,” unless decided otherwise by a judicial review commission, and avoid a retention vote on the ballot each time their term ends.

As a ballot initiative, the proposed law would bypass Democratic Gov. Katie Hobbs, a strong supporter of reproductive rights who signed a Legislature-approved repeal of the 1864 law this spring.

Several Democrats who voted against the measure noted that the retention rules were championed by the late former U.S. Supreme Court Justice Sandra Day O’Connor, who had been an Arizona state senator and Superior Court and Appellate Court judge.

The retention system “provides the kinds of checks and balances critical to our democracy,” said Sen. Flavio Bravo. “It would be a shame to take this action six months after Justice Day O’Connor’s passing, and I vote no.”

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