Arizona voters appear to be retaining Justices Bolick, King

It doesn't look like Democratic Gov. Katie Hobbs will get a chance to select two justices to the Arizona Supreme Court.

Early returns showed voters narrowly agreeing to give full six-year terms to Justices Clint Bolick and Kathryn King. Both were appointed to the court by Doug Ducey, Hobbs' Republican predecessor.

Bolick and King were winning retention by about 57%-58% of the votes counted so far.  

But voters were far less sympathetic to Proposition 137, a proposal advanced by Republican lawmakers to give most sitting judges in Arizona de facto life terms without having to face the electorate again until they retire at age 70.

Fewer than one out of every four voters agreed with the idea in early returns.  

All judges in Arizona used to be elected directly by voters, the same as any politician. But a 1974 voter-approved constitutional amendment scrapped that system for those on the Supreme Court, Court of Appeals and the benches in the largest counties, currently Maricopa, Pima, Pinal and Coconino.

Back to homepage

Subscriber Login

Keep reading with a digital access subscription.

Subscribe now

Now vacancies on those courts are filled by the governor, who must select from nominees screened by special panels. Those selected have to stand for retention or rejection by voters every four years, or every six years for appellate-level judges.

Campaigns against sitting judges have been rare. But that changed when Bolick and King provided two of the four votes by the state Supreme Court earlier this year, ruling that the 2022 decision by the U.S. Supreme Court to overturn Roe v. Wade meant Arizona could once again enforce an old — but never repealed — 1864 law making it a crime to perform an abortion except to save the life of the mother.

That 4-2 ruling never really took effect as state lawmakers subsequently voted to repeal the old law, leaving in its place a 15-week ban. And voters are deciding this election whether to enshrine a right to abortion in the Arizona Constitution.

But that original Arizona ruling left many abortion rights supporters angry, and determined to oust Bolick and King.

Any vacancy on the state's high court would be filled by Hobbs, who already is getting ready to find a replacement for Justice Robert Brutinel who is retiring.