“Merit” Selection Setback in Arizona
February 18, 2010
“Merit” selection suffered a setback earlier this week – right in the backyard of former U.S. Supreme Court Justice Sandra Day O’Connor who has become the most high-profile lobbyist for this system which empowers legal special interest groups to select judges.
Under a proposal passed by Arizona’s Senate Judiciary Committee on Monday, voters could have the opportunity to scrap “merit” selection and replace it with a federal-type system where judges are appointed by the governor with confirmation by the Senate.
Although Arizona’s “merit” commission is less top-heavy with lawyers than panels in other states, Senator Jack Harper suggested the system has been skewed toward keeping conservative judges off the bench: “There’s no chance that this committee is ever going to be middle of the road.”
The system has also completely insulated Arizona’s top judges from public accountability. Since “merit” selection was adopted in 1974, only two judges have lost their seats in retention elections.
The proposal still has a long way to go before it reaches voters – and you can expect special interest groups led by Justice at Stake and Justice O’Connor to fight tooth and nail against it. Still, it’s refreshing to see someone standing for the not-so-radical idea that judges – like every other public official – should be accountable to the people they serve.