Arizona Supreme Court Justice Clint Bolick responded to a formal complaint against him to the Commission on Judicial Conduct from Save Our Schools Arizona (SOSAZ) regarding comments he’s made while campaigning for retention in the 2024 Election. Justice Bolick summarized his response in three words before addressing it more fully: “Bring it on.”
In a press release, SOSAZ claimed that Justice Bolick’s comments at a campaign event covered by Politico violate “several provisions of the Arizona Code of Judicial Conduct.” The group suggested that his speech at a Pentecostal Church in Sun City stating he would continue “fighting for conservative principles,” while standing near a cardboard cutout of President Donald Trump, breached public confidence in his “independence, impartiality, integrity, and competence.”
The activist group wrote, “SOSAZ’s written complaint asserts that Justice Bolick’s active campaigning at a Republican Party event violates several provisions of the Arizona Code of Judicial Conduct, which states that judges ‘should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence.’ Justice Bolick’s appearance and comments at this Republican Party meeting certainly do not meet this standard, and we should expect better of our judges, especially those sitting on the state’s highest court.”
Speaking with KJZZ, SOSAZ Executive Director Beth Lewis told the outlet, “It’s not impartial and judges really do need to act with impartiality at all times.”
“Bolick has politicized the courts. It’s also been shown in his decisions, which are directly related to our work at Save Our Schools Arizona,” Lewis claimed. “His ideologically-based decisions have directly impacted our ability to fund our schools for many years.”
I honestly cannot describe the feeling of voting “NO” on Judge Clint Bolick tonight. Bolick has repeatedly politicized the Court and devastated public education.
😡As part of Ducey’s packed Court, he overturned #Prop208, which would have sent $800M per year to AZ classrooms 🧵 pic.twitter.com/ENg1AuCdMC
SOSAZ is running an extensive “do not retain” campaign against retaining Justice Bolick and fellow Justice Kathryn King. Bolick and King are the only two Supreme Court Justices facing retention votes this year. According to the Arizona Commission on Judicial Performance Review, both Bolick and King received extremely high marks to meet the standards on the merits of their decisions.
In an email statement obtained by AZ Free News, Bolick responded to SOSAZ’s complaint:
“A political organization that is opposed to my retention as an Arizona Supreme Court justice has reportedly filed a judicial ethics complaint against me. My response: Bring it on.
I have spent much of my career as a lawyer and judge defending and protecting free-speech rights. I am glad to have the chance to stand up for my own and other judges’ free-speech rights.
Judges necessarily enjoy fewer free-speech rights than others. But we have the right to forcefully defend ourselves against an unprecedented campaign to replace judges solely for political reasons.
In doing so, I adhere meticulously to judicial ethics rules. Judges cannot endorse candidates for office, and I do not (not even my wife). Judges cannot ask for money to support their campaigns, and I do not. Judges may not talk about pending cases or issues that may come before the Court, and I do not. In short, we are forced to ‘campaign’ with one arm tied behind our backs. Our opponents have no such restraints.
The rules do allow us to speak at partisan events, although we cannot serve as party officers and cannot endorse candidates. That is no problem for me, as I have been a registered independent for more than two decades and am the only independent to ever serve on the Court. Since the campaign to remove Justice Kathryn King and me from the Court, I have spoken at both partisan and nonpartisan events.
During the retention campaign, I feel like I spend half my time defending against liberal critics over judicial opinions they do not like, and the other half against conservative critics of opinions they do not like. My colleagues and I were ‘censured’ by the Maricopa County Republican Party executive committee for voting against their wishes in election cases. As a judge committed to the rule of law, I see criticisms from both sides as a badge of honor.
The group’s news release makes clear this is about politics, not judicial ethics. Its executive director, Beth Lewis, tweeted that her vote against me was ‘personal,’ ‘gleeful anger,’ and ‘revenge.’ Filing a judicial ethics complaint for ‘revenge’ is an abuse of process.
But I hope they will pursue it even after the election because we need a clear precedent protecting the free-speech rights of judges to defend themselves, and I will be proud to have my name in the caption.
-Clint Bolick
One minor factual correction in the complaint: I was the last justice appointed to a five-member Court, which later was expanded to seven.”
Arizona Department of Education (ADE) Superintendent Tom Horne demanded an explanation from a prominent anti-school choice leader after her remarks defending males in female bathrooms and locker rooms.
Save Our Schools Arizona Director Beth Lewis criticized three of Horne’s guests for opposing males in female spaces. Lewis questioned why gender mattered in terms of intimate and traditionally gendered public spaces.
“Why do Tom Horne and these Grandmas care who my kids are sharing a bathroom with?” posted Lewis. “My kids and their peers accept each other — gay, straight, lesbian, trans, bi, they don’t care!”
Horne released a statement on Thursday challenging Lewis over her remarks. The superintendent said Lewis’ position was reckless and jeopardized the safety of children.
“These changes to Title IX regulations are outrageous since they allow biological boys to expose themselves to girls in bathrooms and locker rooms and invade the girls’ privacy,” stated Horne. “They will also cause unbelievable management challenges for campus administrators, teachers and coaches that will make their jobs much more difficult.”
Horne blasts "Save Our Schools" leader for supporting biological boys using girls' locker rooms and showers Social media post reveals stance For immediate release: August 15, 2024 pic.twitter.com/DnADNSDav9
— Arizona Department of Education (@azedschools) August 15, 2024
The Biden administration modified Title IX regulations to redefine the term “sex” to include “gender identity” back in April. The change impacts access to gendered programs, activities, or spaces, which extends not only to bathrooms and locker rooms but sports teams as well.
Louisiana has challenged this change by the Department of Education in court. Last month, the Fifth Circuit and Sixth Circuit Courts of Appeals rejected the Biden administration’s requests to undo separate injunctions against their Title IX changes, stemming from challenges by the states of Kentucky and Louisiana. On Friday, the U.S. Supreme Court upheld the injunctions.
Horne reflected on findings within the courts, specifically in the Louisiana case which presented evidence of a pattern of males attacking females in public restrooms.
“The courts see the tragedies that have already occurred because of policies such as the new Title IX regulations,” said Horne. “Beth Lewis and SOS have no excuse for not understanding that as well.”
Lewis responded to the statement by characterizing opposition to males in female bathrooms as “hateful rhetoric,” and deriding Horne as “a weirdo who is publicly obsessing over kids’ genitals.”
Supt. Horne is again using his state agency handle to (weakly) attempt to troll me for standing up against his hateful rhetoric 😂 I’ll say it again — @RealTomHorne is a weirdo who is publicly obsessing over kids’ genitals 💁🏻♀️ https://t.co/bf0emvwpSBpic.twitter.com/GnHMvQlssX
Prior to directing Save Our Schools Arizona, Lewis taught elementary and middle school students for over a decade.
Save Our Schools Arizona is a public schools advocacy organization with much of its focus on opposing the state’s school choice program. As the fight over gender ideology ramped up in recent years, their organization also took on advocacy in favor of LGBTQ+-friendly legislation.
In this past session, the organization opposed a requirement for students and adults to restrict access to school bathrooms, changing facilities, and any sleeping quarters in accordance with biological gender, as opposed to gender identity (the mental belief behind transgenderism).
Save Our Schools Arizona also regularly backs Democratic candidates, most recently applauding the naming of Minnesota Governor Tim Walz as Kamala Harris’ vice presidential pick.
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What’s the difference between 141,714 and 88,866? Take a few seconds to do the math, and feel free to use a calculator if you’d like.
If you answered 52,848, you’re correct! Congratulations and give yourself a pat on the back because your math skills are far superior to those of Save Our Schools (SOS) and the rest of Arizona’s teachers’ unions.
On Friday, SOS Executive Director Beth Lewis boldly proclaimed—with all the confidence in the world—that the wall of boxes she was standing in front of contained the signatures of 141,714 Arizona voters who supported a ballot initiative aimed at overturning universal Empowerment Scholarship Accounts (ESA) in Arizona. She was giddy. Her supporters cheered. SOS declared blocking universal school choice for all a “historic victory.” And corporate media jumped on the opportunity to push their narrative, accepting everything SOS said at face value.
But there was a problem. And that’s where simple math comes into play…
Save Our Schools Arizona is clearly frustrated in its mission to stop families from having the freedom of school choice. For a few months now, the group has been gathering signatures throughout Arizona for a ballot initiative aimed at overturning universal Empowerment Scholarship Accounts (ESA). You know…the law that was passed this summer to ensure every child gets the education they deserve. The one that even some Democrats and prominent black leaders like Pastor Drew Anderson fought for. The law that actually saves taxpayers moneyand was so popular that its launch overwhelmed the Arizona Department of Education’s website!
On Sunday, Save Our Schools Arizona (SOSAZ) Director Beth Lewis called four Arizona legislators “MAGA extremists,” accusing them of blocking their signature gathering efforts by protesting.
“They are all extremist lawmakers who are Trumpers and MAGA extremists,” said Lewis. “They are out here harassing our volunteers, surrounding 80-year-old women, calling businesses and lying, all to make sure that we don’t get to have signatures by this Friday to stop universal voucher expansion and keep public funding in public schools.”
These protesters are interfering with democracy. Yep, that’s Rep Ben Toma, Senators Warren Petersen, Michelle Ugenti Rita & Wendy Rogers— MAGA extremists trolling @arizona_sos events & harassing pro-public education volunteers 😡😡😡 Sign at https://t.co/M8Q0ZTkPD4pic.twitter.com/9wI07SBZBn
Lewis erroneously called Arizona’s school choice funds “vouchers.” Those types of funds may only be used at private schools. Arizona’s Empowerment Scholarship Account (ESA) Program funds may be used for other educational opportunities, such as tutoring, supplemental curriculum, online learning programs or courses, standardized testing fees, and community college.
One of the accused lawmakers, State Senator Michelle Ugenti-Rita (R-Scottsdale) retorted that peaceful protest doesn’t inhibit democratic signature-gathering.
“Expressing our beliefs is the foundation of democracy, not interfering with it,” said Ugenti-Rita. “Instead of name-calling, try using substantive and persuasive facts to sell your perspective. Otherwise, you simply come off as a simpleton.”
Hello, random person on Twitter, you have it all backwards. Expressing our beliefs is the foundation of democracy not interfering with it.
Instead of name calling try using substantive and persuasive facts to sell your perspective. Otherwise you simply come off as a simpleton. https://t.co/I0h3WGozBN
The three other legislators accused of being MAGA extremists were State Senators Warren Petersen (R-Gilbert) and Wendy Rogers (R-Flagstaff), as well as State Representative Ben Toma (R-Peoria).
SOSAZ is attempting to gather enough signatures for their 2024 ballot initiative to overturn Arizona’s universal school choice: “Stop Voucher Expansion.” As AZ Free News reported earlier this month, SOSAZ signature gatherers were giving false information to potential signers.
Lewis didn’t deny that false information was given to signature gatherers. Instead, she took issue that someone had recorded the SOSAZ activists secretly.
Cool flex. @grantbotma entrapped a grandma, lied about your identity, secretly recorded it, and then posted their photo online. You should be ashamed of yourself. When volunteers are pushed and pushed, they're bound to get slightly tripped up. But you know that. smh
Several days after the SOSAZ activists’ remarks were leaked, Lewis issued an opinion piece in the Arizona Mirror to denounce universal school choice. Lewis called school choice a “grift” and “massive cash grab” by private schools, pushing one of the contested claims of her organization’s signature gatherers that the ESA Program lacks oversight.
“Universal vouchers mean the end of public education as we know it in Arizona,” stated Lewis.
“AZ voters have to stop letting extremist Republicans in power continue to set the house on fire in order to claim their insurance money. We have one — and only one — opportunity to stop the privatization of public schools & that’s by signing the #StopVoucherExpansion petition” https://t.co/j5KCnbsgbO
If any lack of oversight exists, that would be because of Arizona Department of Education (ADE) Superintendent Kathy Hoffman. The superintendent is a vocal opponent of the ESA Program and supporter of the SOSAZ ballot initiative. Hoffman graduated from an Oregon private school.
When signing the SOSAZ ballot initiative, Hoffman claimed that the ESA Program she oversees has “zero accountability.”
