The State Bar Convention is about a lot more than merit selection of judges—but a dialogue on the topic ranged through numerous sessions.

Prop 115 panel, L to R: Grady Gammage, Jr., Peter Gentala, Hon. Mary Schroeder, Pete Dunn, Hon. Ruth McGregor (ret.)

An unscientific survey (by me in the Biltmore hallways) reveals that too few lawyers are even aware that a ballot proposition is headed our way that would alter the Arizona Constitution in a way that should be of interest to all.

Proposition 115, as it’s been numbered, will be on the November ballot. For some background on merit selection generally, see a page on the State Bar website (the State Bar supports the compromise).

A Wednesday morning seminar at Convention covered the general topic of the relationship between the Legislature and the courts. And as I noted previously, even that session ended up substantially focused on merit selection.

Then, on Wednesday afternoon, a session dedicated to the topic provided a stellar panel. It included Ninth Circuit Judge Mary Schroeder; former Arizona Supreme Court Chief Justice Ruth McGregor (ret.); Pete Dunn of the Arizona Judges Association; Peter Gentala, Counsel to the Majority in the state House of Representatives; and State Bar President Joe Kanefield. The moderator was Grady Gammage Jr. (who has performed this task, on the same subject, before).

A slide on the judicial merit-selection compromise

Judge Mary Schroeder, in short order, explained why we have merit selection, why she opposes Prop 115 and why Arizonans should be proud of their judges. Justice McGregor then did the same.

On the other side of the issue, Peter Gentala and Pete Dunn urged support for Prop 115.

State Bar President Joe Kanefield

Dunn, however, said that even he believes Prop 115 will be defeated “because it’s a very complex proposition and people usually vote no.” But if it goes down, he added, we had better be ready for a legislative backlash. He said he would expect “a total emasculation of merit [selection] in coming sessions.”

Four audience members spoke, largely in opposition to the proposition or simply seeking clarification. Speaking for the State Bar and its support of Prop 115 were Amelia Craig Cramer and Whitney Cunningham.