AZ Justice Bolick has impartiality problem

Two Arizona Court of Appeals Judges have requested a special Supreme Court judicial panel to affirm a lower court’s decision that it was unconstitutional for the 2011 state legislature to increase their annual contribution rate to their pension fund. The current justices are all covered by the plan.

In announcing the Jan. 6, 2016 appointment of Goldwater Institute lawyer and close Jeb Bush associate, Clint Bolick to the Arizona Supreme Court, Gov. Doug Ducey praised him with these words:

“Clint is nationally renowned and respected as a constitutional law scholar and as a champion of liberty. He brings extensive experience and expertise, an unwavering regard for the rule of law and a firm commitment to the state and citizens of Arizona. I’m confident Clint will serve impartially and honorably in this important role.”

Though Bolick ditched his actual party affiliation to promote himself as an ”Independent,” that nimble decision doesn’t lessen the baggage he brings to the court as it relates to this specific issue.

The Goldwater Institute — a Libertarian think tank — where Bolick was employed for nearly a decade, has been a steadfast advocate of the law requiring judges, elected officials, police officers and firefighters to pay a greater share of their benefits. We’re not taking a position on the pension matter here. Raising the issue that Bolick can’t have it both ways stands as a key consideration. Impartiality means no preconceived notions exist to cloud the justice’s judgment.  That clearly is not the case here.

Brand new Justice Bolick’s previously stated views that the law does not conflict with either the Constitution or contract law, precludes him from claiming impartiality.  Though he has dug his heels in and says he will be part of the panel, he should recuse himself from hearing this case and start his judicial career on a  more auspicious note.

8 Responses to AZ Justice Bolick has impartiality problem

  1. Realist says:

    This may be the tip of the iceberg as far as cases Clint Bolick should recuse himself from participating in. He’s got a trail of personal opinions that should dog him as he functions in his new role as an Arizona Supreme Court justice. I found this 2009 article through a Google search since I had a vague recollection of his previous negativity directed towards Sheriff Joe Arpaio. Seeing Red AZ came to the rescue again. This popped right up!! Thanks, guys.
    https://seeingredaz.wordpress.com/2009/05/22/clint-and-the-daily-cozying-it-up-in-left-field/

  2. Villanova says:

    On the US Supreme Court associate justice Elena Kagan has had to recuse herself numerous times due to her previous involvement as U.S. Solicitor General. When her impartiality became an issue, even this Democrat knew enough to do the right thing with the notable exception of her vote on Obamacare where partisan politics got the better of her.
    http://www.scotusblog.com/2012/10/scotus-for-law-students-sponsored-by-bloomberg-law-justice-kagans-recusals/

  3. Saguaro Sam says:

    Perhaps there is an easier way to address the pension system., without the meddling of the legislators and courts.

    Prior to any offer of employment being made, the potential new hire should be told that his/her pension will be calculated solely on base salary. A legally binding contract should be signed, specifically outlining this when the person accepts the position.

    Money made from Overtime, unused vacation time and unused sick time are NOT to be made part of the pension equation. Because that is just what has been going on.

    Soon and very soon, there will be no decent person who will want to be a police officer or a fireman. Another step closer to anarchy.

    Just look at the number of police officers who have been murdered since Beyoncé pranced around the Super Bowl stage, rapping about the Black Panthers.

    The deaths of officers at the hands of bad guys does not even make the national news any longer.

  4. Braveheart says:

    Ducey made a major mistake with this appointment. Like Kagan on the US Supreme Court, there are too many conflicts that will render Bolick ineffective. I’m betting on a McCain / Flake connection here. Remember that Libertarian Flake was once the executive director of the Libertarian Goldwater Institute.
    Very cozy, eh?

  5. East Valley Conservative says:

    There is also an open borders and amnesty connection. Tony Bouie, with nothing to recommend him and after being caught in numerous lies including that he was a “lifelong Republican” when he changed his registration from Dem to GOP just days before running for an AZ House seat, strangely had the support of all of the McCainocrats. Then McDucey appoints this same known liar to lead the AZ Lottery, a job which requires a squeaky clean person at the helm. It took very little time before Bouie was forced to resign due to his obvious incompatibility with the office, compounded by his ongoing deceit.

    Now Ducey appoints Bolick, who co-authored a book with Jeb! that was all in for amnesty. Any amnesty related cases coming before the AZ Supreme Court would require that he sit them out making him virtually useless. It’s becoming more clear that Doug Ducey hasn’t an independent thought. He takes his marching orders from the establishment cabal and the rest of us take the brunt of these political hijinx.

  6. MacBeth says:

    It never fails. There’s always an establishment connection. Dr.Kelli Ward is not tied to these political gangsters. Helping her beat McCain is a gift to our children. ..and theirs .

  7. Sen. John Kavanagh says:

    So Bolick expressing an opinion on the case before he was appointed is a conflict BUT every other judge on the Supreme Court getting a pension refund if they rule the law illegal is not a conflict. Say what?.