Gov. Doug Ducey signs legislation to expand Arizona Supreme Court

• The Arizona Supreme Court will grow to seven justices up from five
• The court expansion will cost the state an additional $1 million a year

Gov. Doug Ducey signed legislation Wednesday to expand the state Supreme Court to seven justices from five, saying the additional judges will allow the court to take on more cases and ensure "swift justice."

Ducey's approval of House Bill 2537 will cost the state an additional $1 million and came despite objections from Chief Justice Scott Bales, who earlier this month asked the Republican governor to veto the legislation. In that letter, Bales wrote additional judges are not needed and expansion "is not warranted when other court-related needs are underfunded."

Ducey will have the final say on the two new justices; in January, he appointed Clint Bolick, a registered independent and Goldwater Institute litigator, to the bench.

Such appointments are among a governor’s most important decisions, given jurists’ long tenures and impact on issues ranging from the death penalty to constitutional questions.

In a letter explaining his signing Wednesday morning, Ducey said the additional justices will put Arizona on par with states that have similar or smaller populations yet more Supreme Court justices. He cited Nevada, Colorado, Washington, Wisconsin and Massachusetts.

Our View: Arizona's Supreme Court expansion is about 1 thing

"Arizonans deserve swift justice from the judicial branch," Ducey's letter said. "Adding more voices will ensure that the court can increase efficiency, hear more cases and issue more opinions."

To those who argue the bill is unnecessary and the justices' caseloads are not burdensome, he wrote, "...I believe you'll hear a different story from the businesses and individuals facing litigation, who are in need of certainty."

The governor said the legislation, introduced by Rep. J.D. Mesnard, R-Chandler, does not contradict his goal to streamline government, because it would make the court more efficient and accessible to the public.

Mesnard said the expansion will result in a "greater opportunity for diversity on the court, there will be more legal minds looking at critical issues and hopefully the opportunity to take on more cases and a diversity of opinion."

Democrats called the bill a move by Ducey and Republicans to stack the Supreme Court. Democratic Sen. Katie Hobbs, of Phoenix, said court caseloads were not a problem, and "the only reason to do it is so the governor can stack the Supreme Court with his picks."

Ducey addressed the notion in his letter, writing, "Some, particularly national activists and media who aren't familiar with our system here, have inaccurately described this as 'court packing.' That's just wrong."

He pointed out the justices are selected through a merit-based process. Ultimately, however, it's Ducey who selects from the names that are forwarded to him.

Bales had supported court expansion, but only if the Legislature and governor ensured other court priorities were met. He and other court officials argued the $1 million that would be spent to grow the court could instead be used for other priorities.