The Arizona Senate on Monday approved a plan to add two justices to the state Supreme Court that has drawn criticism from both the court and Democrats.
Republicans who control the House already approved the legislation, House Bill 2537, and the Senate voted for it an 18-12 party-line vote. It now goes to Gov. Doug Ducey for his signature.
The state budget proposal negotiated between Republican Senate and House leaders and Ducey ties pay increases for judges and probation department funding to the expansion.
Bill sponsor Rep. J.D. Mesnard, R-Gilbert, has said he believed boosting the court from the current five members will bring greater diversity and split power between more members. Senators repeated that reasoning during debate on Monday.
"The more counselors you have, the more wisdom and experience you have to adjudicate on an issue," said Sen. Don Shooter, R-Yuma.
Ducey would appoint the new members. Democrats complain it is designed to pack the court with his conservative appointees.
Sen. Steve Farley, D-Tucson, said there's no need to add justices, and as the court itself has said, there's no groundswell of public opinion driving the proposal.
"The only reason you would add justices is to pack the court for political reasons," Farley said. "This seems to be a blatant partisan power grab."
Expanding the court will cost about $1 million a year.
Ducey campaigned in 2014 on shrinking government, but he said Monday that increasing the size of the court doesn't contradict that philosophy.
"We have made our government more efficient -- last year's budget was smaller than the year before," Ducey said. "Now, we're going to certain services in government, whether it's Department of Child safety, or K-12 education or things that follow the growth of our state, that are going to be reflected in our budget."
Backers say Arizona's high court is among the smallest in the nation, and they note that the court building was built for seven justices.
The Supreme Court originally had three justices and was increased to five in 1960, said Chief Justice Scott Bales, when the state had about 1.3 million residents. The state now has about 6.7 million residents.
Bales said there's no problem in handling the caseload at the court.
Bales and the other four justices opposed the expansion as a stand-alone measure, but he worked to negotiate higher salaries for judges and other funding.
The budget proposal now before lawmakers provided about $1 million in extra funding and gives judges a 3 percent raise over two years.
Bales was suggesting a 10 percent increase.
