It's My Courtroom, and I'll Try Like I Want To

Alvarez asked the court to place his opponents' names on the general-election ballot and to set the filing deadline to submit petitions in the general election for September 7, giving him sufficient time to collect signatures. Alvarez claims in his suit that judicial general elections are nonpartisan elections because the candidates' party affiliations do not appear on the general-election ballot.

The judge appears to be fighting an uphill battle.
The Arizona Constitution limits nonpartisan elections to a narrow range of offices, including school boards and special districts. In addition, Arizona has since statehood held primary elections for judicial offices in which candidates' party affiliations do appear on the primary ballot.

Several Cochise County officials say Alvarez's lawsuit is unlikely to succeed.

"If Judge Alvarez's position is correct, then everyone who has been elected as a judge since statehood has followed the wrong procedure," says Cochise County Attorney Alan K. Polley.

Once again, Cochise County has to bring in a judge from outside the county to handle the case. After all, Alvarez had sued the county's election director, recorder and clerk of the board of supervisors in addition to his three opponents.

Pima County Superior Court Judge Robert Donfeld last week rejected Alvarez's arguments concerning the primary election and left all three of his opponents on the September primary ballot.

Donfeld set an August 9 deadline for parties to file additional information concerning Alvarez's assertion that, because judicial elections are nonpartisan elections, he should have additional time to file petitions for the November ballot.

If Judge Donfeld rejects Alvarez's arguments, Alvarez will have only one option if he wishes to remain a judge--run for election as a write-in candidate. It would be a strange way for an incumbent judge to seek reelection. But, of course, Ramon Alvarez is no ordinary incumbent, and no ordinary judge.