Arizona Supreme Court

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Arizona Supreme Court
Seal of the Arizona Supreme Court
Map
Established1912
JurisdictionArizona
LocationPhoenix, Arizona
Composition methodMissouri plan with retention elections
Authorised byArizona Constitution
Appeals toSupreme Court of the United States
Judge term length6 years
Number of positions7
WebsiteOfficial site
Chief Justice
CurrentlyAnn Timmer
SinceJuly 1, 2024
Lead position endsJune 30, 2029[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.

Court history

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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

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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 was approved by[9] Arizona House of Representatives and is awaiting voter approval.[10]

Qualifications

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  • Admitted to the practice of law in Arizona and be a resident of Arizona for the 10 years before taking office;
  • May not practice law while a member of the judiciary;
  • May not hold any other political office or public employment;
  • May not hold office in any political party;
  • May not campaign, except for him/herself; and,
  • Must retire at age 70.[11]

Justices

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The current Arizona Supreme Court includes:

Justice Born Joined Chief Justice Term ends[a] Mandatory retirement Appointed by Law school
Ann Timmer, Chief Justice (1960-09-12) September 12, 1960 (age 64) October 12, 2012 2024–present 2028 2030 Jan Brewer (R) Arizona State
John Lopez IV, Vice Chief Justice 1968 (age 55–56) December 19, 2016 2026 2038 Doug Ducey (R) Arizona State
Clint Bolick (1957-12-26) December 26, 1957 (age 66) January 6, 2016 2030 2027 Doug Ducey (R) UC Davis
James Beene 1965 (age 58–59) April 26, 2019 2028 2035 Doug Ducey (R) University of Arizona
Bill Montgomery (1967-03-02) March 2, 1967 (age 57) September 6, 2019 2028 2037 Doug Ducey (R) Arizona State
Kathryn Hackett King 1980 (age 43–44) July 8, 2021 2030 2050 Doug Ducey (R) University of Arizona
Vacant
  1. ^ Term ends Dec. 31 of the year listed.
Chief Justice Ann Timmer
Vice Chief Justice John Lopez IV
Justice Clint Bolick
Justice James Beene

Vacancy and pending nomination

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Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
Robert M. Brutinel Retirement October 31, 2024[12]

Chief Justices

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Notable cases

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See also

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References

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  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. ^ "Bill Status Inquiry". apps.azleg.gov. Retrieved 2024-09-27.
  10. ^ 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.
  11. ^ "AZ Supreme Court". www.azcourts.gov.
  12. ^ Barchenger, Stacy (September 24, 2024). "AZ Supreme Court Justice Robert Brutinel will retire in October". Arizona Republic. Archived from the original on September 24, 2024.
  13. ^ Ferguson-Bohnee, Patty. "The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression" (PDF). Arizona State Law Journal: 1099–1112.
  14. ^ "Planned Parenthood Arizona v. Mayes". League of Women Voters. Retrieved 10 April 2024.
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