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Eight applicants advance for two Arizona Court of Appeals openings

Eight applicants are advancing to compete for two vacancies on the Arizona Court of Appeals. 

According to the Commission on Appellate Court Appointments’ March 3. meeting, the candidates will now enter the interview stage to fill the two Division One vacancies left by the retirement of Judge Jennifer Campbell and the ascension of Judge Maria Elena Cruz to the Arizona Supreme Court. 

Per the Arizona Constitution, commissioners must chiefly consider merit, but weigh political affiliation and diversity when sending final nominations to the governor. No more than 60% of the nominees may hail from the same political party. 

Moreover, state law requires a representative ratio of the electorate among judges of the appellate court, meaning the candidates must come from a Division One county outside Maricopa County, such as Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache counties. 

The commission met March 3 to do an initial review of applications, hear public comment and decide who to advance to an interview.

The Applicants:

  • Judge John Napper, presiding judge of the Yavapai County Superior Court. Napper, an appointee of then-Gov. Doug Ducey , took the bench in 2017 and moved to serve as presiding judge in 2020 on appointment from former Chief Justice Robert Brutinel. He has presided over cases consequential to state election law and elections. Notably, he oversaw a dispute between former Attorney General Mark Brnovich and then-Secretary of State Katie Hobbs over whether the Elections Procedures Manual should be updated in line with revisions from Brnovich. Napper ruled against Brnovich, finding it was within Hobbs’ discretion to reject Brnovich’s edits. Napper has been a registered Republican since 2017, though he was previously registered as an independent and a Democrat before then. 

 

  • Kimberly Cromwell, attorney and former deputy attorney general for the White Mountain Apache Tribe. Cromwell, a Democrat, hails from Navajo County. She currently works as an attorney with Cromwell & Reynolds, where she acts as outside legal counsel to the White Mountain Apache Tribe. Prior to her private practice, Cromwell served as in-house counsel for the tribe’s Office of the Attorney General where she drafted and negotiated contracts and leases, oversaw land disputes, handled state Indian Child Welfare Act cases, and handled other legal affairs for the tribe. 

 

  • Andrew Becke, attorney. Becke, an independent, currently works at the Becke Law Firm in Prescott. His practice is focused on real estate, commercial, probate and personal injury litigation. He also served on Arizona Supreme Court committees on Character and Fitness and Rules of Evidence.

 

  • Veronika Fabian, attorney. Fabian, an attorney with Choi and Fabian based in Flagstaff and Chandler, primarily works consumer protection law, with some parts of her practice dedicated to insurance, personal injury, special education and construction law. She has been a registered Democrat since 2022, was an independent from 2019 to 2022, a Democrat from 1990 to 2019, and a Republican from 1986 to 1990. 

 

  • Eliza Beth Johnson, Yuma County Superior Court commissioner, judge pro tem. Johnson, a Democrat, primarily oversees family law cases. Prior to taking the bench, Johnson worked with the Arizona Attorney General’s Office in the Child and Family Protection Division in both the Department of Economic Security and the Department of Child Safety. 

 

  • Michael Latham, presiding judge of the Apache County Superior Court. Latham, a Democrat, was elected presiding judge in Apache County in 2014. On the bench, he primarily oversees criminal cases. Prior to his time as a judge, Latham worked at the Apache County Attorney’s Office as a prosecutor. 

 

  • Michael Paul McGill, Yavapai County Superior Court judge. McGill, a Republican and Ducey appointee, first took the bench in 2020. He handled civil law, family law and conservatorship cases from September 2020 to November 2023. In November 2023, he moved to criminal law. Prior to his time on the bench, he worked with both the Yavapai and Mohave County attorneys offices. McGill registered as a Republican in 2016, but was previously registered as an independent, and before then, a Democrat. 

 

  • Danalyn Savage, attorney. Savage, an independent, currently works in private practice at Savage Law Office. She was appointed by Gov. Katie Hobbs to fill a vacancy in the Superior Court of Yavapai County Division 5, an elected position, where she served from January 2024 to November 2024. Savage did not win her bid for reelection and pivoted to private practice, where she works as a court-appointed attorney on guardianship and conservatorships. Prior to her time on the bench, Savage was a prosecutor at the Yavapai County Attorney’s Office, with a focus on juvenile delinquency. She registered as an independent in 2016 and was previously a registered Republican. 

Former Court of Appeals Judge Peter Swann spoke in support of Veronika Fabian, lauding her ability to “forge consensus around the narrowest legal points possible.” 

Commissioner Kathryn Townsend noted, however, that Fabian’s practice is narrowed to consumer protection, and she could lack experience — a position Swann noted could be said about any candidate given the scope of the position. 

Maricopa County Superior Court Judge Randall Warner vouched for Napper, noting he had not shied away from taking difficult election cases. 

“He applies the law fairly … he’s exactly the kind of judge I want on the Court of Appeals looking at the decisions I make and my colleagues make,” Warner said. 

“His respect for our system of justice is great. He understands that in our adversarial system, having both sides well prepared makes the system better,” Jared Keenan, legal director of the ACLU, said in support of Napper. 

Maricopa County Judge Jennfier Ryan-Touhill spoke in support of McGill, noting his efforts to advocate for rural needs and E-Qual. 

Commissioners also heard support for Latham and Savage. 

The commission will meet again to conduct interviews and submit a final list to the governor on March 20. 

Republican attorneys skip chance to vie for Supreme Court

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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