State of Justice: August Ethics Updates
Arizona Supreme Court Justices Bolick and King recuse from hearing judicial retention ballot measure challenge; Bolick also recuses from hearing abortion proposal challenge involving his wife
Justice Clint Bolick and Justice Kathryn Hackett King, both associate justices of the Arizona Supreme Court who are standing for retention election to new six-year terms in November, have recused themselves from hearing a challenge to a legislatively referred ballot proposal that would eliminate most judicial retention elections in Arizona – including for supreme court justices. If adopted, the proposal will allow judges to avoid standing for retention election unless they are convicted of a felony, have declared bankruptcy, or have been found in violation of judicial ethics standards. Progress Arizona, a nonprofit organization, is asserting the proposal violates the state’s constitution by attempting to amend more than one constitutional provision. The proposal is retroactive, which may allow Bolick and King to remain on the bench if voters adopt it, even if they also vote to remove either justice from the bench in November.
Bolick also recused himself from hearing a challenge to the summary of a ballot proposal that seeks to enshrine reproductive rights in the state constitution, with a spokesman for the justice confirming his recusal was based on his wife’s involvement in the case. The summary’s language was chosen by the Legislative Council, a group of lawmakers who are responsible for deciding the language that will be used to describe ballot proposals to voters on this fall’s ballots. Justice Bolick’s wife, State Senator Shawnna Bolick, is one of eight Republicans on the 14-member council who voted to approve the language, which includes the words “unborn human being,” on a party-line vote. Advocacy Group Arizona Abortion Access filed a suit challenging the language in the Maricopa County Superior Court, arguing the language is biased and could unfairly influence voters against supporting the measure. Judge Christopher Whitten ordered the council to amend the language, agreeing that it was “packed with emotional and partisan meaning both for those who oppose abortion and for those who endorse a woman’s right to choose whether to have an abortion.” Republican lawmakers then appealed the ruling to the Arizona Supreme Court. On August 14, the court ruled the language is sufficiently neutral and allowed it to remain in the proposal’s summary.
New Hampshire Supreme Court declines to provide explanation for order placing justice on paid administrative leave
In an order effective July 25, 2024, the New Hampshire Supreme Court placed Justice Anna Barbara “Bobbie” Hantz Marconi on paid administrative leave for 90 days. The court did not provide a reason for its decision to place Justice Hantz Marconi on leave, but the order comes amidst an active investigation by the New Hampshire Attorney General’s Office into the conduct of Hantz Marconi’s husband, New Hampshire Port Authority Director Geno Marconi, who was placed on a paid administrative leave of his own on April 18. No reason has been provided for the investigation or for Marconi’s leave, and it is unclear whether Hantz Marconi’s leave and her husband’s are related. The court left open the possibility of shortening or extending Hantz Marconi’s leave at its discretion.
