The Keep Courts Accountable PAC Origin Story

The cornerstone to an independent and fair justice system is the ability of judges to set aside all ideological preferences and political pressures, while maintaining accountability to the public.

In 1974, thanks to the wisdom and foresight of state leaders and legislators including Sandra Day O'Connor, a system was developed that not only keeps judges out of politics and independent, but also, accountable to the people they serve. Arizona voters amended the state’s constitution to adopt a merit-based selection process coupled with a retention election by the people for appellate and certain county judges.

This hybrid merit-based selection process avoids the politicization of judges during selection, enabling the Governor to appoint the most experienced and qualified persons for the job. Then, at the end of the judge’s term, Arizona’s rich tradition and history of the people’s right to vote and be heard is preserved through the nonpartisan retention vote.

Justice O’Connor’s leadership was pivotal in evolution of judicial selection, not only at the outset of the constitutional amendment in 1974, but also, when she returned to Arizona after her retirement in 2006. She worked with the Institute for the Advancement of the American Legal System (IAALS) through the University of Denver to develop a national judicial selection model that would ensure state judges have the qualities required to be independent and unbiased jurists. As a result of Justice O’Connor’s work since inception, Arizona’s system is now lauded as a national model, known as the O’Connor Judicial Selection Plan. It is a proven tool that enables states to ensure judges presiding in courtrooms are qualified, have integrity, and are accountable to the people they serve.

In 2024, Proposition 137 attempted to decimate Arizona’s hybrid-system by replacing the retention vote of the people with legislative control. Keep Courts Accountable PAC (KCAP) was founded to educate voters and advocate for a “No” vote on Prop 137. Thanks to Arizona voters and supporters of the “No” movement, it was defeated by a resounding 77%!

In 2025, KCAP’s mission remains relevant and critical. Arizona’s judiciary and its processes for selection, evaluation and retention is often attacked by those with personal and political agendas. Enhancements to the current system may be needed but not at the expense of the balance struck by the coupling of merit-based selection with voter retention. We want to ensure Arizona judges are not politicized by legislative changes nor manipulated by the executive branch to favor a particular ideology, religious belief, or political party.

Our Mission

Arizona’s merit-based selection process with voter retention preserves the judiciary’s independence and the power of the vote. It ensures Arizonans can trust our courts to be fair and unbiased in their application of the rule of law to the facts presented. Keep Courts Accountable PAC is dedicated to preserving the current system; educating the public on the O’Connor Judicial Selection Plan, and, when needed, mobilizing efforts to preserve and enhance our current system.

The History of Arizona’s Judicial Merit-Based System with Voter Retention

It all started when…

Arizona transformed its judicial system by shifting from the election of appellate and superior (trial) court judges in all fifteen counties to merit-based selection with voter retention elections for judges in the appellate courts and in the trial courts in counties with over 250,000 residents. This change was driven by concerns that the previous partisan election process compromised judicial impartiality, as judges were often influenced by political affiliations and campaign funding.

Today, all Appellate Court Judges, Supreme Court Justices, and the Superior Court Judges in Coconino, Maricopa, Pima and Pinal Counties are appointed through this system.

For a comprehensive description and history of the pre-1974 judiciary landscape in Justice O’Connor’s own words, see the 2008 Arizona Law Review article, “Reflections on Arizona’s Judicial Selection Process”. 50 Ariz. L. Rev. 15 (2008)

“We further conclude that judges are best able to perform their constitutionally prescribed role in a hybrid merit-based system like Arizona now has, featuring both appointment and retention election.”

“50 Ariz. L. Rev. 15, 16 (2008)

A CALL TO ACTION

Safeguarding Justice, Protecting Independence

Arizona’s judiciary stands as a model of fairness and impartiality, safeguarded by a merit-based selection process with voter retention that has served the state for nearly five decades.. The Keep Courts Accountable PAC (KCA PAC) is committed to protecting the integrity and accountability of our courts.

We work across three broad areas of action.

1. Ensure Arizona’s national model: The O’Connor Judicial Selection Plan remains intact and maintains the equilibrium created by its four primary components: judicial nominating commissions, gubernatorial appointment, judicial performance evaluation, and retention elections.

2. Educate Arizonans and others on the Arizona Judiciary and its processes, especially the current merit-based selection system that is accountable to the people it serves through voter retention.

3. Explore enhancements and reforms to the current system in the letter and spirit of the O’Connor Judicial Selection Plan and its founders.

…. Stay tuned for more details in the coming weeks!