The Arizona Supreme Court has upheld the state's system for retaining Court of Appeals judges, an announcement made following a recent unanimous decision. This verdict comes as a blow to a faction of voters who believed that the system, which has been in place since 1964, should be reformed to allow for statewide retention elections. The statute in question, A.R.S. § 12-120.02, mandates that judges are chosen from specific geographic districts within the state, with representation from both urban counties—Maricopa and Pima—and the more rural areas, according to the Arizona Supreme Court.
Advocating for a revised approach, the plaintiffs claimed that the current division disenfranchises voters who cannot cast their ballots for judges outside their own district, while also pointing to population discrepancies that purportedly skew voting power among districts; however, the Arizona Supreme Court dismissed such claims, declaring no infraction against the Arizona Constitution, under this system where the Court upheld that "a valid claim under the Free and Equal Elections Clause only arises when voters are entirely denied the right to vote or when votes are weighted unequally" as published in the Arizona Supreme Court's official opinion.
Further arguments against the system suggested that the differing sizes of the districts led to an unconstitutional imbalance, yet the Arizona Supreme Court sided with a position established by the U.S. Supreme Court, which stated that the principle of equal apportionment does not carry over to Arizona's judicial retention elections. The statement, "All voters within each geographic district are treated equally, satisfying constitutional requirements," underscores the Arizona Supreme Court stance that these long-established voting districts remain within the legal framework set by the state's constitution. This decision emphasizes the Legislature's right to determine the composition and jurisdiction of the Court of Appeals, fitting within constitutional authority.
The lawsuit's dismissal by the superior court was upheld, meaning Arizona's voters will carry on participating in judicial retention elections based on the historically set geographic districts; the Court's decision was an affirmation of the status quo, whereby the Arizona Supreme Court emphasized that "the Arizona Constitution does not guarantee voters the right to vote for the retention of every appellate judge." Those interested in the Court's reasoning can find the full opinion on the Arizona Judicial Branch's website, which also offers additional information on the state's judicial system.
