Commission to take neutral stance in lawsuit over judicial appointments

The Commission on Appellate Court Appointments voted unanimously Monday to be a neutral defendant in a lawsuit alleging a new law that expands the pool of judicial nominees is unconstitutional.

The commission was named as a defendant along with the state in a petition filed July 12 asking the Arizona Supreme Court to strike HB2600, which is set to take effect in September. Four members of the commission filed the suit and they are represented by a Dream Team of attorneys that includes six former state Supreme Court justices. None of the plaintiffs participated in Monday’s meeting.

Chief Justice Rebecca White Berch, who chairs the commission, said she is going to act as the go-between for the commission and its counsel, the Attorney General’s Office, and she will also disqualify herself from the case as a justice.
Berch said the commission is taking a nominal position in the case, meaning it won’t advocate either way.

“Our job simply is to carry out the Constitution, laws and rules that relate to the commission,” Berch said. “Tell us what the law is and we’ll do it.”

HB2600 increases from three to five the minimum number of nominees that vetting committees, including the commission, can send to the governor for appointment to the bench.

The lawsuit alleges that lawmakers passed the law illegally because the change has to come from voters, not the Legislature in a statute.