Arizona Supreme Court Chief Justice Ruth McGregor’s annual State of the Judiciary address before lawmakers on March 23 began with the sobering impact of budget deficits on the state’s legal system and ended with the unexpected announcement of her early retirement.
McGregor, who was appointed to the state’s highest court in 1998 by then-Governor Jane Hull, said she will step down in late June to spend more time with her family. She said her decision was not prompted by the state’s growing budget crisis.
After delivering a grave assessment of expected impacts brought on by budget cuts to the judiciary, McGregor made her announcement and commended court employees, staff attorneys and clerks she worked with during her 20-year career as a judge and justice in Arizona.
McGregor, who was the second woman to serve as chief justice in Arizona, also gave thanks to lawmakers and executive agencies, both of which she credited for courteously maintaining discourse despite occasional differences of opinion.
“I also value the opportunity I have had to work with the members of the legislative and executive branches,” she said. “While we have not always agreed, you did me the honor of listening and considering our branch’s views with respect, and I hope you felt reciprocal respect from the courts.”
After the speech, Justice Andrew Hurwitz said McGregor has done a “magnificent job” as the judiciary’s top official and administrator, while Justice Michael Ryan commended her as “extraordinarily dedicated” to her duties.
“She has a tremendous understanding of the impact courts have on people’s lives,” Ryan said. “She’s set an extremely high standard.”
Although it is not a certainty, Hurwitz, Ryan and McGregor said it is most likely that Vice Chief Justice Rebecca White Berch will serve as the next chief justice.
“I think she will carry on the legacy that Justice McGregor has put forward,” Ryan said.
McGregor’s departure will leave a vacancy to be filled by Gov. Jan Brewer, who will have to appoint one of at least three applicants selected for consideration by the Arizona Commission on Appellate Court Appointments.
During her speech, McGregor also cautioned lawmakers not to view the courts as subservient agency, but an equally important branch of government that provides vital stability to public safety, businesses, and family and community social structures.
Decreased budget allotments from the state will severely hamper Arizona courts’ abilities to promptly adjudicate more than 2.8 million cases filed annually, she said, causing strains on public safety, business and civil matters and child welfare.
McGregor was elected by her peers in 2005 to serve a 5-year term as chief justice. She was the second woman to become chief justice in the state’s history.
She followed in the footsteps of Lorna E. Lockwood, who was appointed in 1961 and served 14 years on the bench, including a stint as chief justice. That bestowment made Lockwood the first woman in the nation to serve as chief justice on a state Supreme Court.
The 2005 election of McGregor as chief justice and White Berch as vice-chief justice made the pair the first women to simultaneously hold both titles.
Following the State of the Judiciary, McGregor said that as a woman she felt an added responsibility to perform her duties with great care and diligence.
“I think when you are the first or one of the very few women or minority group members to have done something I think you’re always aware of that,” she said. “I think you’re always attuned to the fact that what you do might impact others’ opportunities to do it later.”
Hurwitz likened the role of a Supreme Court chief justice to that of a CEO charged with a high volume of administrative duties. Arizona’s court system has hundreds of judges and “tens of thousands” of employees.
“It’s an enormous amount of work over and above your judging job,” he said. “We try to help out, but, in truth, she works harder than the rest of us.”
McGregor said she is very proud of advancements that Arizona courts have made to handle high numbers of drunk-driving and appellate cases.
In the legal arena, McGregor said she has been blessed during her 11-year tenure as a Supreme Court justice to hear and settle complex legal issues surrounding criminal, civil, election and personal-injury law, as well as separation-of-power issues, such as those that arose during a 2006 standoff between the Legislature and Gov. Janet Napolitano.
In that case, 47th Legislature v. Napolitano, the state’s five Supreme Court justices ruled unanimously that Napolitano did not have the constitutional authority to use a line-item veto for a portion of an employee pay-raise bill passed by the Legislature.
Unanimous opinions from the state’s highest court have been frequent, if not the norm, in recent years. Ryan attributed the commonly collective rulings to justices’ willingness to address each others’ concerns and the desire to issue resolute opinions.
In November of 1989, McGregor was appointed to the Arizona Court of Appeals by then-Gov. Rose Mofford.