The Arizona Supreme Court ruled the 1864 territorial ban on abortions can be enforced, with four justices voting in favor of the ban, two voting against and one not voting.
Two of the four justices who voted in favor of the ban are up for retention in November, meaning voters will decide whether or not to keep them on the court.
The court is made up of seven justices who are appointed by the governor and retained by voters two years after their initial appointment and every six years thereafter. The court's chief justice is selected by their colleagues and serves a term of five years.
Who is on the Arizona Supreme Court?
- Chief Justice Robert M. Brutinel was appointed by Gov. Jan Brewer in 2010 and became chief justice in 2019. Before being appointed to the Supreme Court, Brutinel was a judge in the Yavapai County Superior Court and founded his own law firm.
- Vice Chief Justice Ann A. Scott Timmer was appointed by Brewer in 2012 and became vice chief justice in 2019. Prior to joining the court, Timmer was a state Court of Appeals judge and worked in private law firms.
- Associate Justice James P. Beene was appointed by Gov. Doug Ducey in 2019. Prior to joining the court, Beene was a state Court of Appeals judge and a Maricopa County Superior Court judge. He also worked as an assistant attorney general for the Attorney General's Office in the capital litigation section.
- Associate Justice Clint Bolick was appointed by Ducey in 2016. He had no judicial experience prior to his appointment. He previously worked as the vice president of litigation for the Goldwater Institute and served on Ducey's transition team. Bolick is married to state Sen. Shawnna Bolick, R-Phoenix.
- Associate Justice Kathryn H. King was appointed by Ducey in 2021. King previously served on the Arizona Board of Regents and as an aide in Ducey's administration. She also served as deputy general counsel for Ducey from 2015 to 2017 and previously worked for a private law firm.
- Associate Justice John R. Lopez IV was appointed by Ducey in 2016 and was the first Hispanic justice to serve on the court. Before joining the court, Lopez worked at the Arizona Attorney General's Office as solicitor general and the U.S. Attorney's Office in Arizona.
- Associate Justice William "Bill" G. Montgomery did not participate in the abortion case. He was appointed by Ducey in 2019 after serving as the Maricopa County attorney for nearly a decade. He was rejected from the shortlist for another vacancy that year due to questions about his impartiality on issues like sentencing reform, decriminalizing marijuana and LGBTQ+ rights.
How did the justices vote?
Justices John R. Lopez IV, Clint Bolick, James P. Beene and Kathryn H. King voted to enforce the 1864 ban. Lopez wrote the majority opinion.
Chief Justice Robert M. Brutinel and Vice Chief Justice Ann A. Scott Timmer voted against enforcing the ban, with Timmer writing the dissenting opinion.
Associate Justice Bill Montgomery recused himself from the case in November 2023 after an anti-abortion post from his Facebook account surfaced. Montgomery denied a motion from Planned Parenthood to recuse himself but later reversed his decision, citing "additional information" coming to light.
Which justices are up for retention?
Bolick and King will both be on the ballot in November. Montgomery, Beene and Timmer were all retained by voters in 2022 while Brutinel and Lopez were retained in 2020.
The Arizona Commission on Judicial Performance Review will evaluate Bolick, King and all other judges up for retention this year to provide a guide for voters. In 2022, only one judge did not meet the commission's standards requirements.
In the 52 years since the state enacted its judicial retention system, only six judges have not been retained by voters. Three of those judges were rejected in 2022.
How do Arizona retention elections work?
All Arizona voters can vote in retention elections for Supreme Court justices. The Commission on Judicial Performance Review must release the findings of its evaluations 60 days before the primary election, meaning voters will see those reviews by the end of May.
On the ballot, voters must select "yes" to retain a judge or "no" to remove them. Retention elections are a simple majority, so judges need over 50% of voters to select yes to stay on the bench.
These elections tend to have a lower turnout than other statewide races. According to results from the Arizona Secretary of State's office, 2.5 million Arizonans cast ballots for the gubernatorial election in 2022, but only 1.8 million cast votes in Montgomery's retention election that same year.
Reach the reportersatrpriest@gannett.com and jjenkins@arizonarepublic.com.
