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No more elected judges in Pinal County? PDF Print E-mail
Monday, 14 June 2010
By Dan Lecavalier
Today Publications

The 2010 midterm election season marks the final year Pinal County citizens will have the ability to elect Superior Court judges in their respective districts.

In what promises to be a major overhaul for Pinal County’s judicial selection process, election officials have confirmed plans to transition to a merit based selection system beginning in 2011.

The current process, which determines Superior Court appointments by popular decree, has come under fire as a system that pits candidate’s legal qualifications against their political beliefs.

According to District 1 Superior Court candidate Dan Washburn, the election system may be doing a disservice to the bench by forcing judges to campaign in ways customarily reserved for legislative officials. As he explains, “a judicial candidate can’t say what he will and won’t do for you, he’ll exercise his position but he or she can’t go out there offering or promising anything to the public at large.”

Scandals related to judges confirmed through popular election are well documented in Arizona. In one case, Philip Marquadt, a former Maricopa County Superior Court Judge, was voted into office and retained by voters despite a 1988 misdemeanor marijuana conviction.


Although Marquadt was able to pass voter scrutiny for his initial transgression, he was convicted a second time in 1991 for a felony charge of conspiracy to possess marijuana. Because the Ninth circuit later ruled that decisions rendered during Marquadt’s term might have been made under the influence, many of his criminal sentences were overturned.

“In my mind, you have a judge in Maricopa, Marquadt, who was suspended and not removed because of the [election system’s] four year retainer,” stated Washburn.

Pitfalls such as these are what county election officials hope to avoid by switching over to the merit based election system. Originally established in 1974 through a voter-approved constitutional change, merit selection has served as the preferred method of judicial selection for decades in Pinal's adjoining counties.

As seen in both Maricopa and Pima County, merit selection provides a non-partisan alternative to popular elections. While the final decision remains in the hands of the Governor, a 16-member commission that reviews applicants, evaluates their qualifications and holds public interviews settles much of the deliberation over qualified judges.

Public accountability in judicial matters is preserved by requiring judges appointed by merit selection be placed on general election ballots every four years, allowing the public to determine if they should be retained or removed from office.

Moreover, as an added measure to prevent instances such as the Marquadt scandal, the merit selection system will include a provision sending voters informational packets on judges seeking retention.

“The merit system has improved because now, if it's around voting time, you’ll receive a packet or pamphlet with information regarding all the judges up for retention,” explains Washburn, noting that in both Maricopa and Pima County there have been instances where certain justices have not been recommended for retention.

For more information on the merit selection process and its comparative advantages and disadvantages for Pinal County click here
Last Updated ( Tuesday, 24 August 2010 )
 
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