Litigation

AZ Editorial: Judicial Independence at Risk

By Peter Hardin

An assault on the existing merit selection process in Arizona could strike a blow at judicial independence, warns an Arizona Republic editorial.

Arizona’s Senate has approved a measure that would remove the State Bar from nominating members of the screening commissions that send recommendations to the governor for judgeships (see Gavel Grab). If the entire legislature goes along, voters would consider the measure in 2012.

The editorial is headlined, “State Bar’s role keeps Courts independent.” When the governor appoints members to judicial screening commissions, he names five attorneys from a list provided by the State Bar and 10 members of the public.

By eliminating the Bar’s role, the editorial cautions, “The consequence could be a politically packed commission that would undermine independence.”

The editorial concludes:

“As Arizona Supreme Court Chief Justice Rebecca White Berch told lawmakers, merit selection allows the courts to function as a truly independent third branch of government.

“It is good for Arizona.”

Full post as published by The Gavel on March 23, 2011 (boomark / email).