1. United States
2. Ariz.
3. Letter

I urge you to oppose Senate Bill 1650 when it comes before the Senate Judiciary and Elections Committee on Wednesday. This legislation would fundamentally undermine judicial independence by eliminating immunity protections that have safeguarded impartial decision-making in American courts for centuries. SB 1650, sponsored by Senator Mark Finchem, creates a sweeping exception to judicial immunity by allowing lawsuits against judges who "knew or should have known" their actions violated civil rights. This vague standard would expose judges to litigation over virtually any decision that a losing party claims violated their rights. The "should have known" language is particularly dangerous because it invites second-guessing of judicial decisions through hindsight, even when judges acted in good faith based on the facts and law before them. Judicial immunity exists precisely because judges must make difficult, often unpopular decisions without fear of personal financial ruin. When judges face the threat of lawsuits and damages for their rulings, they cannot exercise the independence our justice system requires. This protection does not shield judges from accountability. Judges who engage in misconduct face removal through impeachment, disciplinary proceedings by the Commission on Judicial Conduct, and appellate review of their decisions. These mechanisms provide meaningful oversight without destroying judicial independence. The practical consequences of SB 1650 would be severe. Judges would face a flood of frivolous lawsuits from dissatisfied litigants claiming civil rights violations. The cost of defending these suits, even when meritless, would drain judicial resources and potentially make it impossible to recruit qualified individuals to serve on the bench. More fundamentally, judges might begin ruling based on fear of litigation rather than the law and facts, compromising the integrity of every case they hear. I ask you to vote no on SB 1650 and preserve the judicial independence that protects fair and impartial justice for all Arizonans.