Justice Sandra Day O’Connor first identified a model for choosing, evaluating, and retaining judges that balances the need for fair and impartial courts with the need for public accountability and transparency. O’Connor believed that giving voters the power to retain judges would encourage them to remain independent, impartial, and accountable to the people of Arizona — not the politicians who appointed them to the court. This model, now known as Arizona’s judicial retention system, was established by voters in 1974 through Proposition 107, a voter-led ballot initiative.
By contrast, Proposition 137 is a legislature-referred proposal that would eliminate the power held by voters for fifty years to assess and hold the judiciary accountable. Furthermore, the law would function retroactively, nullifying judicial retention results in the very same 2024 election cycle. This is a clear attempt to to remove checks on our judiciary while stripping power from Arizona voters. Asking voters to undermine their own political power is simply undemocratic.
The people of Arizona deserve a judiciary, legislature, and political system that is accountable to the public, not special interests. A No vote on Proposition 137 will ensure that Arizonans continue to have a say in which judges remain on the bench.
