Arizona Supreme Court

Last updated
Arizona Supreme Court
Seal of the Arizona Supreme Court.png
Seal of the Arizona Supreme Court
Arizona Supreme Court
Established1912
Jurisdiction Arizona
Location Phoenix, Arizona
Composition method Missouri plan with retention elections
Authorized by Arizona Constitution
Appeals to Supreme Court of the United States
Judge term length6 years
Number of positions7
Website Official site
Chief Justice
Currently Robert M. Brutinel
SinceJuly 1, 2019
Lead position endsJune 30, 2024 [1]

The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for retention in an election two years after their appointment and then every six years. [2] They must retire at age 70.

Contents

Court history

The court started in 1912 with three justices. Alfred Franklin, Donald L. Cunningham, and Henry D. Ross took office on February 14, 1912. In 1949, the Court expanded from three to five justices. [3] In 2016 it was further expanded from five to seven justices. [4] This expansion was criticized at the time by some as court packing. [5]

The jurisdiction of the court is prescribed by Article VI, Section 5 of the Arizona Constitution. [6] Most of the appeals heard by the court go through the Arizona Court of Appeals, except for death penalty cases, over which the Arizona Supreme Court has sole appellate jurisdiction. The court also has original jurisdiction in a few other circumstances as outlined in the Arizona Constitution. A quorum is three, but the whole court must sit in order to declare a law unconstitutional. [7]

Selection of justices

Arizona Supreme Court Building in downtown Phoenix. Arizona Supreme Court, Phoenix, Arizona - panoramio.jpg
Arizona Supreme Court Building in downtown Phoenix.

The Chief Justice is chosen for a five-year term by the court, and is eligible for re-election. They supervise the administration of all the inferior courts. They are Chairman of the Commission on Appellate Court Appointments, which nominates candidates to fill vacancies in the appellate courts. If the Governor fails to appoint one of the nominated candidates within sixty days of their names being submitted to her or him, the Chief Justice makes the appointment.

The Vice Chief Justice, who acts as Chief Justice in the latter's "absence or incapacity," is chosen by the court for a term determined by the court. [8]

Justices are selected by a modified form of the Missouri Plan. A bipartisan commission considers applicants and sends a list of nominees to the governor. The governor is required by law to appoint from this list based on merit, without regard to party affiliation. Justices are then retained for an initial period, after which they are subject to a retention election. If the justice wins the election, their term is six years.

Between February to April 2024, the Arizona Senate (with all Republican state senators approving and all Democratic state senators objecting) passed a resolution to change the Arizona Supreme Court term length from six years to lifelong, which would apply retroactively and override the result of the November 2024 Arizona Supreme Court retention elections; the resolution is pending approval in the Arizona House of Representatives. [9]

Qualifications

Justices

The current Arizona Supreme Court includes:

JusticeBornJoinedChief JusticeTerm ends [lower-alpha 1] Mandatory retirementAppointed byLaw school
Robert M. Brutinel , Chief JusticeMarch 18, 1958 (age 66)November 10, 20102019–present20262028 Jan Brewer (R) Arizona
Ann Timmer , Vice Chief JusticeSeptember 12, 1960 (age 63)October 12, 201220282030 Jan Brewer (R) Arizona State
Clint Bolick December 26, 1957 (age 66)January 6, 201620242027 Doug Ducey (R) UC Davis
John Lopez IV 1968 (age 5556)December 19, 201620262038 Doug Ducey (R)Arizona State
James Beene 1965 (age 5859)April 26, 201920282035 Doug Ducey (R)Arizona
Bill Montgomery March 2, 1967 (age 57)September 6, 201920282037 Doug Ducey (R)Arizona State
Kathryn Hackett King 1980 (age 4344)July 8, 202120242050 Doug Ducey (R)Arizona
  1. Term ends Dec. 31 of the year listed.
Robert M. Brutinel by Gage Skidmore.jpg
Chief Justice Robert M. Brutinel
Ann Timmer by Gage Skidmore.jpg
Vice Chief Justice Ann Timmer
Clint Bolick January 2019.jpg
Associate Justice Clint Bolick
John Lopez IV by Gage Skidmore.jpg
Associate Justice John Lopez IV
James Beene by Gage Skidmore.jpg
Associate Justice James Beene
Bill Montgomery by Gage Skidmore 3.jpg
Associate Justice Bill Montgomery
Kathryn Hackett King by Gage Skidmore.jpg
Associate Justice Kathryn Hackett King

Chief Justices

Notable cases

See also

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References

  1. "Supreme Court of Arizona - Administrative Order No. 2024-17" (PDF).
  2. Ariz. Const. Art. VI, § 37.
  3. William O. Douglas, Arizona's New Judicial Article, 2 ARIZ. L. REV. 159 (1960).
  4. "Bill Would Add 2 New Justices To Arizona Supreme Court". KJZZ. February 25, 2016.
  5. Berman, Russell (2016-05-10). "Arizona Republicans Try to Bring Back Court-Packing". The Atlantic. Retrieved 2024-04-09.
  6. Ariz. Const. Art. VI, § 5.
  7. Ariz. Const. Art. VI, § 2.
  8. Ariz. Const. Art. VI, § 3.
  9. Priest, Regan (April 19, 2024). "GOP-backed ballot measure would keep Arizona Supreme Court intact, even justices voted out". Arizona Republic . Archived from the original on April 19, 2024. Retrieved April 20, 2024.
  10. "AZ Supreme Court". www.azcourts.gov.
  11. Ferguson-Bohnee, Patty. "The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression" (PDF). Arizona State Law Journal: 1099–1112.
  12. "Planned Parenthood Arizona v. Mayes". League of Women Voters. Retrieved 10 April 2024.