Arizona Supreme Court upholds judicial retention system challenged by Goldwater Institute

Kris Mayes, Attorney General of Arizona
Kris Mayes, Attorney General of Arizona - Official website
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Attorney General Kris Mayes and Secretary of State Adrian Fontes released a joint statement after the Arizona Supreme Court unanimously upheld the state’s system for retaining Court of Appeals judges. The decision came in response to a challenge by the Goldwater Institute, which sought to overturn Arizona’s merit-based judicial retention process.

The officials stated, “Today’s decision is a victory for Arizona voters and for the independence of our courts. The Goldwater Institute attempted to weaken and upend a system that Arizona voters adopted to promote fair, merit-selected judges and ensure that Arizonans have access to impartial justice. The Arizona Supreme Court rightly rejected that effort. The Court’s ruling also protects the voice of rural voters in retention elections, rather than letting them be eroded in a statewide vote.”

They added, “Our offices will always defend the Arizona Constitution and our voter-approved merit selection and retention system against attempts to undermine it. With this ruling, Arizonans can continue to have confidence that judges are selected based on their qualifications and held accountable through retention elections in a way that honors the will of the voters and our state constitution.”

In its unanimous opinion in Knight v. Fontes, the court affirmed A.R.S. § 12-120.02 and dismissed the legal challenge supported by the Goldwater Institute.



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