Arizona Supreme Court
| Arizona Supreme Court |
|---|
|
| Court Information |
| Justices: 7 |
| Founded: 1912 |
| Location: |
| Salary |
| Associates: $205,000[1] |
| Judicial Selection |
| Method: Assisted appointment (governor-controlled commission) |
| Term: 2 or 6 years[2] |
| Active justices |
|
Ann Timmer |
Founded in February 1912, the Arizona Supreme Court is the state's court of last resort. The chief justice of the court is Robert Brutinel. Seven justices serve on the court. It has administrative supervision over all the other courts, and it hears appeals of decisions from the Court of Appeals, as well as appeals in special cases from the Superior Court. Special cases include those involving the death penalty and some involving elected officials or disputes between counties.[3][4]
As of January 2023, all seven judges on the court were appointed by a Republican governor.
The court meets at the Arizona State Courts Building in Phoenix.[5]
In Arizona, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Jurisdiction
Under Article 6, Section 5 of the Arizona Constitution, the supreme court has discretionary jurisdiction to review the decisions reached by lower courts within the state. Discretionary jurisdiction allows the court to refuse to review a lower court case unless the defendant in the case is sentenced to death, in which case the supreme court must hear the case. The court has a supervisory role over the Arizona Bar Association, other courts in the state, and the Commission on Judicial Conduct and is responsible for making rules governing administration, practice, and procedure in all courts. Under Article 8, Part 2, Section 1 of the constitution, the chief justice of the court also has a role in the impeachment process of public officials who are accused of crimes. The chief presides over senate impeachment trials but does not offer a decision on guilt or innocence of the official.[6]
The following text from Article 6, Section 5 of the Arizona Constitution covers the organization and jurisdiction of the court:
| “ |
Supreme Court; Jurisdiction; Writs; Rules; Habeas Corpus The supreme court shall have: 1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers. 2. Original and exclusive jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another. 3. Appellate jurisdiction in all actions and proceedings except civil and criminal actions originating in courts not of record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance. 4. Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. 5. Power to make rules relative to all procedural matters in any court. 6. Such other jurisdiction as may be provided by law. Each justice of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the supreme court, appellate court or superior court, or judge thereof. [7] |
” |
| —Arizona Constitution, Article 6, Section 5 | ||
Justices
The table below lists the current judges of the Arizona Supreme Court, their political party, and when they assumed office.
| Office | Name | Party | Date assumed office |
|---|---|---|---|
| Arizona Supreme Court | James P. Beene | Nonpartisan | 2019 |
| Arizona Supreme Court | Clint Bolick | Nonpartisan | January 5, 2016 |
| Arizona Supreme Court | Robert Brutinel | Nonpartisan | 2010 |
| Arizona Supreme Court | Kathryn Hackett King | Nonpartisan | July 8, 2021 |
| Arizona Supreme Court | John Lopez IV | Nonpartisan | 2017 |
| Arizona Supreme Court | Bill Montgomery | Nonpartisan | September 9, 2019 |
| Arizona Supreme Court | Ann Timmer | Nonpartisan | 2012 |
Judicial selection
- See also: Judicial selection in Arizona
The seven justices on the Arizona Supreme Court are each appointed by the governor from a list of names compiled by the Arizona Commission on Appellate Court Appointments. The commission is composed of 16 members who serve staggered four-year terms. The membership includes 10 non-attorneys, five attorneys, and the chief justice of the supreme court, who chairs the commission.[8]
The initial term of a new justice is at least two years, after which the justice stands for retention in an uncontested yes-no election. Subsequent terms last six years.[9] For more information on these retention elections, visit the Arizona judicial elections page.
Qualifications
To serve on this court, a justice:[10]
| “ |
|
” |
Chief justice
The court's chief justice is selected by peer vote. He or she serves in that capacity for five years.[11]
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a justice's term. Potential justices submit applications to the Arizona Commission on Appellate Court Appointments, and once the commission has chosen a slate of nominees, the governor picks one from that list. After occupying the seat for two years, the newly appointed justice stands for retention in the next general election. The justice then serves a full six-year term if he or she is retained by voters.[12]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections and appointments
2024
- See also: Arizona Supreme Court elections, 2024
The terms of two Arizona Supreme Court justices will expire on January 6, 2025. The two seats are up for retention election on November 5, 2024. The filing deadline is September 6, 2024.
Judges with expiring terms
- This is a list of the justices who must stand for retention election in 2024 in order to remain on the bench. Justices may choose not to stand for election. The list is subject to change if justices retire or are appointed.
■ Clint Bolick
■ Kathryn Hackett King
2022
- See also: Arizona Supreme Court elections, 2022
Candidates and results
Arizona Supreme Court - Retention elections (November 8, 2022) | |
|
|
| Office | Candidates |
| Beene's seat |
 James P. Beene (i) |
| Montgomery's seat |
Bill Montgomery (i) |
| Timmer's seat |
Ann Timmer (i) |
2020
- See also: Arizona Supreme Court elections, 2020
Candidates and results
Arizona Supreme Court - Retention elections (November 3, 2020) | |
|
|
| Office | Candidates |
| Brutinel's seat |
Robert Brutinel (i) |
| Gould's seat |
Andrew W. Gould (i) |
| Lopez's seat |
John Lopez IV (i) |
2019
Gov. Doug Ducey (R) appointed James Beene to the Arizona Supreme Court on April 26, 2019, to fill the seat vacated by former Justice John Pelander.[13] Beene was Ducey's fourth appointment to the seven-member court. Click here to read more about the vacancy.
Ducey also appointed Bill Montgomery (R) to the Arizona Supreme Court on September 4, 2019.[14] Montgomery replaced former Chief Justice Scott Bales, who retired on July 31, 2019. Montgomery was Ducey's fifth appointment on the seven-member court. Click here to read more about the vacancy.
2018
- See also: Arizona Supreme Court elections, 2018
Candidates and results
Pelander's seat
Arizona Supreme Court
John Pelander was retained to the Arizona Supreme Court on November 6, 2018 with 71.8% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
71.8
|
1,188,576 | ||
No |
28.2
|
467,934 | |||
Total Votes |
1,656,510 | ||||
|
|
Bolick's seat
Arizona Supreme Court
Clint Bolick was retained to the Arizona Supreme Court on November 6, 2018 with 70.0% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
70.0
|
1,187,184 | ||
No |
30.0
|
507,800 | |||
Total Votes |
1,694,984 | ||||
|
|
2016
Justices who faced retention
Election results
November 8 general election
Ann Timmer was retained in the Arizona Supreme Court retention election with 76.71% of the vote.
| Arizona Supreme Court, Timmer's seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Ann Timmer | 76.71% | |
| Source: Arizona Secretary of State | ||
- Election history, 2006-2014 (click to expand)
2014
RetentionJudge Election Vote Scott Bales 73.6% 
Robert Brutinel 73.4% 2012
- See also: Arizona judicial elections, 2012
John Pelander, Arizona Supreme Court, Justice Retention
2012 General election results[15]Candidates Votes Percent For retention
1,070,838 73.95% Against retention 377,259 26.05% 2010
- See also: Arizona judicial elections, 2010
Rebecca White Berch, Arizona Supreme Court, Justice Retention
2010 General election results[16]Candidates Votes Percent For retention
901,333 75.2% Against retention 297,288 24.8% 2008
Scott Bales, Arizona Supreme Court, Justice Retention
2008 General election results[17]Candidates Votes Percent For retention
1,174,085 77.1% Against retention 349,698 22.9% 2006
Andrew Hurwitz, Arizona Supreme Court, Justice Retention
2006 General election results[18]Candidates Votes Percent For retention
793,556 77.1% Against retention 235,396 22.9%
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached each year.[19]
| Arizona Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2021 | 1,126 | 1,169 |
| 2020 | 1,071 | 1,047 |
| 2019 | 1,106 | 1,244 |
| 2018 | 1,311 | 1,226 |
| 2017 | 1,177 | 1,109 |
| 2016 | 1,038 | 1,057 |
| 2015 | 1,014 | 979 |
| 2014 | 1,037 | 978 |
| 2013 | 1,054 | 1,145 |
| 2012 | 1,109 | 1,080 |
| 2011 | 1,018 | 1,022 |
| 2010 | 1,086 | 960 |
| 2009 | 1,023 | 1,082 |
| 2008 | 1,164 | 1,150 |
| 2007 | 1,256 | 1,250 |
Noteworthy cases
The following are noteworthy cases heard before the Arizona Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
Before the U.S. Supreme Court
This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.
2022-2023 term
The following cases were scheduled for argument before the U.S. Supreme Court during the 2022-2023 term.
| 2022-2023 U.S. Supreme Court cases from the 5th Circuit | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| Cruz v. Arizona | Sonia Sotomayor | Vacated and remanded | 5-4 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 7
- Number of cases: 52
- Percentage of cases with a unanimous ruling: 92.3% (48)
- Justice most often writing the majority opinion: Justice Robert Brutinel (13)
- Per curiam decisions: 0
- Concurring opinions: 4
- Justice with most concurring opinions: Justice Clint Bolick (3)
- Dissenting opinions: 5
- Justice with most dissenting opinions: Justice Clint Bolick (2)
For the study's full set of findings in Arizona, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[20]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[21]
Arizona had a Court Balance Score of 8.00, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Arizona was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Arizona received a score of 0.10. Based on the justices selected, Arizona was the 19th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[22]
Ethics
The judges in Arizona must follow the state's judicial code of conduct. It has four canons.
| “ |
|
” |
| —Arizona judiciary[23] | ||
Removal of judges
In Arizona, there are three ways to remove a judge from the bench.
- Judges may be impeached by a majority vote of the Arizona House of Representatives. The judge must then be convicted by a two-thirds vote of the Arizona Senate.
- The Arizona Supreme Court may take action to censure, suspend, remove or forcibly retire a judge upon the recommendation of the Commission on Judicial Conduct.
History of the court
The court was first assembled in February 1912. From 1912 to 1974, judges of all levels were elected to their respective courts (except in the case of unscheduled vacancies); in 1974, however, the passage of Proposition 108 ushered in the current era of merit-based judicial appointments. Proposition 108 additionally provided for "retention elections of merit-selected justices or judges after their appointments."[4] Section 2 of Article 6 requires that there always be at least five justices on the supreme court bench, regardless of legislation that may increase or decrease the number of justices at any given time. Article 33 protects justices and judges from salary deductions during their term in office.[6]
The Arizona State Legislature passed a bill in May 2016 to increase the number of justice from five to seven.[25] Gov. Doug Ducey (R) signed the bill May 18, 2016.[26] In November 2016, Ducey appointed Arizona State Solicitor General John Lopez IV and Arizona Court of Appeals Judge Andrew W. Gould to these two expansion seats.[27] They took the bench on January 6, 2017.
Notable firsts
- Former Chief Justice Lorna Lockwood was the first woman to serve on the supreme court—first as an associate justice, then as vice chief justice, and finally as chief justice. She was the first woman in any state to hold that position.[28][29]
Courts in Arizona
- See also: Courts in Arizona
In Arizona, there is one federal district court, a state supreme court, a state court of appeals, trial courts, and tribal courts with both general and limited jurisdiction. These courts serve different purposes. The image below depicts the flow of cases through Arizona's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Party control of Arizona state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Arizona has a divided government where neither party holds a trifecta. The Democratic Party controls the office of governor, while the Republican Party controls both chambers of the state legislature.
.
Arizona Party Control: 1992-2024
No Democratic trifectas • Twenty-two years of Republican trifectas
Scroll left and right on the table below to view more years.
| Year | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 00 | 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Governor | R | R | R | R | R | R | R | R | R | R | R | D | D | D | D | D | D | R | R | R | R | R | R | R | R | R | R | R | R | R | R | D | D |
| Senate | D | R | R | R | R | R | R | R | R | S | S | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
| House | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
See also
External links
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ Initial terms are two years. Subsequent terms are six years.
- ↑ Arizona Judicial Branch, "AZ Courts," accessed September 11, 2015
- ↑ 4.0 4.1 Policy Report, "Judging the Justices: A Review of the Arizona Supreme Court, 2003-2004," April 8, 2005 Cite error: Invalid
<ref>tag; name "history" defined multiple times with different content - ↑ Arizona Courts, "Office Locations," accessed August 13, 2021
- ↑ 6.0 6.1 Arizona Judicial Branch, "Supreme Court," accessed September 24, 2014
- ↑ 7.0 7.1 7.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Arizona Judicial Branch, "Article 6, Section 36: Commission on appellate court appointments and terms, appointments and vacancies on commission," accessed March 24, 2023
- ↑ Arizona Judicial Branch, "Article 6, Section 37: Judicial vacancies and appointments; initial terms; residence; age," accessed March 24, 2023
- ↑ Arizona Judicial Branch, "AZ Supreme Court," accessed March 24, 2023
- ↑ Arizona Judicial Branch, "Meet The Justices," accessed March 24, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ Office of the Governor Doug Ducey, "Governor Ducey Appoints James P. Beene To The Supreme Court Of Arizona," April 26, 2019
- ↑ Associated Press, "Ducey appoints Montgomery to Arizona Supreme Court," September 4, 2019
- ↑ Arizona Secretary of State, "2012 General Election Results," December 3, 2021
- ↑ Arizona Secretary of State, "2010 Generral Election Results," November 29, 2021
- ↑ Arizona Secretary of State, "2008 Generral Election Results," December 1, 2008
- ↑ Arizona Secretary of State, "2004 Generral Election Results," December 4, 2006
- ↑ Arizona Judicial Branch, "Statistics," accessed September 29, 2022
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ Arizona Courts, "Arizona Code of Judicial Conduct (2014)," accessed July 18, 2023
- ↑ National Center for State Courts, "Removal of Judges in Alabama," accessed May 8, 2015
- ↑ Tucson.com, "Senate OKs expanding AZ Supreme Court by two," May 3, 2016
- ↑ The Arizona Republic, "Gov. Doug Ducey signs legislation to expand Arizona Supreme Court," May 18, 2016
- ↑ Office of the Governor Doug Ducey, "Two New Appointments To The Supreme Court Of Arizona," November 28, 2016
- ↑ Arizona State Library, "Arizona Women's Hall of Fame, Lorna Lockwood," accessed September 24, 2014
- ↑ Arizona Judicial Branch, "Legends of the Judiciary, Lorna Lockwood," accessed September 24, 2014
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Arizona • U.S. Bankruptcy Court: District of Arizona
State courts:
Arizona Supreme Court • Arizona Court of Appeals • Arizona Superior Court • Arizona Justice Courts • Arizona Municipal Courts
State resources:
Courts in Arizona • Arizona judicial elections • Judicial selection in Arizona
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