Nation - Arizona New way to pick judges gets support

PHOENIX (AP) -- A state Senate panel on Monday approved a measure that would ask voters to repeal Arizona's system of selecting judges, which has been held up as a national model to eliminate partisanship in the judiciary. In a 4-3 party-line vote, the Senate Judiciary committee's majority Republicans sent the measure to the full Senate. Supporters said Arizona's system for selecting judges is dominated by lawyers and hasn't eliminated partisanship from the process. If approved by voters, the measure would repeal the system known as "merit selection," which applies to the Supreme Court, state appellate courts and the superior courts in Maricopa and Pima counties. Under the system, for each judicial vacancy, nonpartisan commissions review applications and send the three most qualified candidates to the governor, who selects one. Voters decide whether to retain judges or remove them from office. Judges run for election in the 13 rural counties, where voters are more likely to know their local jurist. The bill sponsored by Sen. Jack Harper, R-Surprise, would require the governor to appoint judges subject to confirmation by the state Senate, a model similar to the one used by the federal government. Retired U.S. Supreme Court Justice Sandra Day O'Connor has championed Arizona's system in speeches nationwide, and in a letter to lawmakers earlier this month said repealing it would be "a great step backwards" and would increase partisanship in Arizona's judiciary. Rebecca White Berch, chief justice of the Arizona Supreme Court, echoed O'Connor's statements, saying the system has proved to be good at putting qualified judges on the bench. Berch said she worries about unintended consequences of the law, including the difficulty of replacing judges who leave while the Legislature isn't in session. The commissions that nominate judges are made up of 15 people, five of them lawyers. The governor fills vacancies on the commissions from a pool of candidates nominated by the Arizona State Bar. Harper said that process gives the State Bar too much influence and prevents the nomination of conservatives. "To the Democrats on this committee, you know that this body will not always be in Republican control, but the State Bar will never be middle of the road," Harper said. John Phelps, chief executive of the Arizona State Bar, has said the organization appoints diverse candidates to the nominating commissions and does not impose a political bias. The bar doesn't vet, endorse or oppose potential judges, he said. Published: Wed, Feb 17, 2010

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