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Republican attorneys skip chance to vie for Supreme Court

Kiera Riley Arizona Capitol Times//November 4, 2024//[read_meter]

A person walks up the steps towards the entrance to the Arizona Supreme Court, Thursday, April 11, 2024, in Phoenix. No registered Republicans have applied for a Supreme Court vacancy, meaning the next justice will be either a Democrat or independent. (AP Photo/Ross D. Franklin)

Republican attorneys skip chance to vie for Supreme Court

Kiera Riley Arizona Capitol Times//November 4, 2024//[read_meter]

Of the 17 Supreme Court hopefuls vying for the vacancy left by Justice Robert Brutinel, none are registered Republicans and only a handful are Independents, according to final applications made public Friday. 

The political makeup of applicants limits the number of nominees the Commission on Appellate Court Appointments can send to the governor, given a constitutional provision requiring no more than 60% of nominees hail from the same party. 

Brutinel’s vacancy affords Gov. Katie Hobbs, a Democrat, her first appointment to the state’s highest court and marks the first pick by a Democrat governor in nearly two decades, leading to a near-assumption she will choose an applicant from her own party.

But the shortlist Hobbs chooses from hinges on political party and ultimate applicant picks from the judicial nominating commission.

The court put out the full list of 17 applicants Friday, with most being registered Democrats. As of the deadline, 13 Democrats and four independents submitted applications. 

As for the independents, Nicole Davis, general counsel and chief governance officer for the Arizona Dept. of Economic Security, Regina Nassen, assistant city attorney for Tucson, Barry Stratford, a partner with Perkins Coie, and William Wingard, a Maricopa County Superior Court judge, submitted applications. 

The 13 Democrats include Court of Appeals judges Maria Elena Cruz and Andrew Jacobs, Hobbs’ outside counsel Andy Gaona, and the Attorney General’s deputy solicitor general Alexander Samuels

Former State Bar ethics counsel and current ASU Law professor Ann Ching, superior court judge Monica Bellapravalu Edelstein, Maricopa County superior court commissioner Janette Corral, Maricopa County public defender attorney supervisor Mikel Steinfeld and assistant legislative attorney for the Tohono O’odham nation Doreen McPaul, applied. 

As did attorneys, Amy Sells of Tiffany & Bosco, Shalanda Looney of Gates Law Firm  and independent practice attorneys Robert McWhirter and Sheena Chiang

With one Arizona Supreme Court vacancy appointment process already in motion, another two could follow if voters decide not to retain justices Clint Bolick and Kathryn King, meaning contenders vying for the vacancy left by Brutinel could have a second or third shot at the bench. 

The Commission on Appellate Court Appointments, at its discretion, can consider the same applications for additional vacancies, if they do arise. 

Alberto Rodriguez, spokesperson for the court, said the vacancy process would remain the same in the event of any vacancies created by the retention election though he noted the commission, per its rules, maintains the discretion to combine the vacancy process. 

He clarified in the event that either Bolick or King were not retained, they would serve the remainder of their terms, which expires Jan. 6. 

Brutinel tendered his resignation to Hobbs, with his retirement effective Oct. 31. 

The Arizona Constitution holds that within 60 days of a vacancy, the commission “shall submit to the governor the names of not less than three persons nominated by it to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event not more than sixty percentum of such nominees shall be members of the same political party.” 

Constitutional provisions clarify the governor shall make appointments “without regard to political affiliation” and “shall consider the diversity of the state’s population for an appellate court appointment … however the primary consideration shall be merit.”

The commission will hold two public meetings, the first to screen applicants and a second to interview applicants, with public input and testimony sewn in along the way. The commission then votes to submit a list of nominees to the governor’s office for appointment, of which the governor has 60 days to choose. 

The first meeting is set for Nov. 22. 

 

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