Three Arizona judges appointed by former Gov. Doug Ducey appear headed for defeat in their retention elections, according to unofficial returns, even though a state review found all three fit to keep their jobs. Arizona Court of Appeals Judge Anni Hill Foster and Maricopa County Superior Court judges Julie Mata and Michael Rassas were trailing as of the latest count.
The results remain unofficial and nearly complete, as reported by The Arizona Republic. Per azcentral.com, Arizona results are unofficial until every ballot is counted and certified, meaning the current standings for Foster, Mata and Rassas could still shift before the outcome is final.
What makes the trend notable is that none of the three judges were flagged for poor performance ahead of the election. The Arizona Commission on Judicial Performance Review found that Foster, Mata and Rassas had all met the performance standards for remaining in their roles, the outlet reported. The same review found that all 83 judges up for a retention vote statewide met those standards, according to the same azcentral.com report.
Political Groups Targeted Specific Judges
The gap between the performance review and the election returns points to an organized campaign against sitting judges. The Freedom Club PAC opposed the retention of three judges appointed by Ducey, according to KJZZ. Separately, the Maricopa County Republican Committee advised voters to vote no on nine Republican-appointed judges, as reported by the Arizona Capitol Times.
Another group, Civic Engagement Beyond Voting, recommended removing seven judges, and azmirror.com reported that the only overlap between that group's list and the Republican committee's list was a shared recommendation to reject Judge Mata.
A Nonpartisan System Under New Pressure
Arizona voters amended the state constitution in 1974 to create a merit-selection and retention process meant to keep judicial elections nonpartisan, according to the Arizona Judicial Branch. But partisan election guides have infiltrated those nonpartisan races, the Arizona Capitol Times reported, and interest in judicial retention elections has grown over the past two election cycles, according to KJZZ.
Much of that attention traces back to 2024, when the Arizona Supreme Court ruled to keep the state's pre-statehood abortion ban in place, a decision that the Capitol Times reported brought a groundswell of attention to judicial retention races. Since Arizona adopted merit selection in 1974, only six judges have been removed from the bench in an election, per azmirror.com — and the most recent instance came in 2022, when voters removed three Maricopa County Superior Court judges, the first such removals since 2014, according to the Capitol Times.
What a Vacancy Would Mean
The reporting also conflicts on how many Maricopa County Superior Court judges appeared on this year's ballot: azmirror.com put the number at 49, while azcentral.com reported 48 were on the ballot. Whatever the precise count, any seat voters vacate this cycle carries consequences beyond the individual judge. Any vacancy created by voters this election cycle grants the future governor the opportunity to select a replacement, KJZZ reported, putting fresh stakes on an outcome that still awaits certification.
