Commission determines Maricopa County judge does not meet standards

One Arizona judge who was set to be on the November ballot does not meet performance standards for being on the bench, according to a majority vote of the Arizona Commission on Judicial Performance Review.

Maricopa County Superior Court Judge Jo Lynn Gentry received 25 votes from commissioners saying she had not met standards and two votes saying she did. One commissioner abstained.

Gentry, in a statement to The Arizona Republic, said she is not seeking reelection.

"Instead, after 19 years on the bench, I will retire at the end of the year," Gentry said. "I have been honored to serve on what, in my opinion, is the best trial court in the nation. I served with an amazing group of judicial officers, court staff and administration and look forward to continuing to serve until December."

Though the committee took its vote Friday, Gentry was not publicly identified by the commission until Monday. The committee uses alphanumeric codes to identify judges when reviewing them to ensure an unbiased process, said Alberto Rodriguez, a spokesperson for Arizona's judicial branch.

Commission Chair Mike Hellon called it the toughest vote he ever had to make.

"Every time I voted against a judge, it was because of demeanor — how that person treated people in the courtroom," Hellon said. "That's not an issue with this judge. But in the final analysis, reviewing everything, it's my conclusion that she does not meet the standards."

How are Arizona judges reviewed?

It is rare but not unprecedented for most of the commission to decide that a judge does not meet standards. In 2022, Maricopa County Superior Judge Stephen Hopkins was determined not to have met the standards by a majority of the commission. He lost his seat in the election that year after 63% of voters chose not to retain him.

A majority of the commission voted that Gentry did not meet standards in 2016, but voters retained her.

The commission voted to approve the remaining 71 judges up for retention this year by placing them on a consent agenda and conducting a single voice vote. The process was changed from the past when commission members voted by roll call on every judge.

The commission’s voting procedure change will impact the information available to voters on the commission's website and in election publicity materials.

The public will now only be able to see whether a judge meets performance standards, Rodriguez said. Previously, vote tallies were published.

The commission evaluates appointed judges by surveyingwitnesses, jurors, court staff and other people who have observed the judges' work.

In the Arizona judicial review process, a "letter of concern" is mailed to the retention candidate if they score poorly on their judicial performance report.

Two letters of concern were sent to judges in this review cycle, Rodriguez said. In 2022, Hellon said 17 judges received such a letter but would not disclose their identities.

The letter of concern instructs the judge to meet with the commissioners to discuss their low scores and how they can improve their performance.

After this internal process, the commission votes on whether each candidate meets or does not meet its judicial standards.

Those standards are outlined in the Arizona Court Rules, which state that judicial performance should be evaluated based on factors such as a judge's command of the law and procedural rules, impartiality and temperament.

On Friday, several commission members expressed concern that the public might think they were not doing a thorough job if they were seen to have voted against only one judge from the slate of 72 they were charged with reviewing.

Hellon said that some judges retire rather than face the commission.

Which Arizona judges are up for review in 2024?

Reports on the judicial performance of each judge standing for retention, including the commission's findings, will be published in the Secretary of State's voter pamphlet and posted on the commission's website in July, Rodriguez said.

Two of the state supreme court justices who upheld Arizona's 1864 abortion ban, Clint Bolick and Kathryn H. King, are up for retention in 2024. A progressive political group is launching a campaign to unseat them.

Because of the change to how the commission conducts its votes, roll call votes were not taken for Bolick and King. Instead, they were approved as part of a voice vote for the consent agenda.

In 2022, Justice Bill Montgomery received a worse judicial performance evaluation than any other justice before. Montgomery was retained with 55.5% of the vote.

Three Maricopa County judges lost their seats in the 2022 retention vote.

Have a news tip? Reach the reporter at jjenkins@arizonarepublic.com or 812-243-5582. Follow him on X, formerly known as Twitter, @JimmyJenkins. 

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This article originally appeared on Arizona Republic: Panel says Maricopa County judge does not meet standards