Every judge on ballot in Arizona retention election meets state performance standards

PHOENIX – Arizona voters can go to the polls knowing every judge in the upcoming retention election meets state performance standards.

The Arizona Commission on Judicial Performance Review (JPR) announced Monday that all 69 jurists who will appear on ballots for the Nov. 5 general election, including two state Supreme Court justices, meet the standards of legal ability, integrity, communication, temperament and administrative performance.

However, the 2024 retention votes might not matter. The Arizona Legislature has referred a measure to the ballot that would eliminate retention elections. If passed, Proposition 137 would go into effect retroactively and nullify this year’s results.

Judges could still be removed in a variety of ways under Prop 137, but not by voters. One of the ways would be if the JPR commission determines the judge doesn’t meet standards.

Why does Arizona have judicial retention election?

The commission was created in 1992 to develop judicial standards and conduct performance reviews ahead of every retention election.

Under current laws, the panel can’t remove a jurist from the bench, but voters can use its findings as guidance when filling out the retention section of their ballots, which can be quite lengthy in the state’s larger counties. For example, in addition to six Court of Appeals and Supreme Court seats, Maricopa County voters will see 42 Superior Court judges on their ballots.

The commission voted on the candidates in line for retention elections earlier this year after reviewing 14,000 surveys from jurors, witnesses, litigants, attorneys and court staff, plus written comments and remarks from a public hearing.

Judge who failed to meet standards isn’t on ballot

The findings initially were released in April, with one judge failing to meet standards. However, that judge, Maricopa County Superior Court’s Jo Lynn Gentry, chose not to seek reelection.

In addition, two Superior Court judges who met the JPR panel’s standards won’t be on the ballot because they are retiring: Maricopa County’s Bruce R. Cohen and Pima County’s Renee T. Bennett.

Justices Clint Bolick and Kathryn H. King are the two state Supreme Court members on the ballot for this year’s retention election. They were among the four justices who voted to uphold a near-total abortion ban in April. The strict ban never went into effect after lawmakers replaced it with one that allows abortions through 15 weeks of pregnancies.

Progress Arizona, a progressive activist group, launched a campaign to encourage voters to reject Bolick and King because of their abortion decision. Republican lawmakers countered by putting Proposition 137 on the ballot.

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