Contents

Arizona Supreme Court

Highest court in the U.S. state of Arizona

Arizona Supreme Court
Seal of the Arizona Supreme Court
Established	1912
Jurisdiction	Arizona
Location	Phoenix, Arizona
Composition method	Missouri plan with retention elections
Authorized by	Arizona Constitution
Appeals to	Supreme Court of the United States
Judge term length	6 years
Number of positions	7
Website	Official site
Chief Justice
Currently	Robert M. Brutinel
Since	July 1, 2019
Lead position ends	June 30, 2024[1]

The Arizona Supreme Court is the state supreme court of the U.S. stateofArizona. 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[edit]

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[edit]

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 is pending approval in the Arizona House of Representatives.^[9]

Qualifications[edit]

• 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.^[10]

Justices[edit]

The current Arizona Supreme Court includes:

Chief Justices[edit]

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• Alfred Franklin (1912–1914, 1917)
• Henry D. Ross (1915–1916, 1921–1922, 1927–1928, 1933–1934, 1939–1940, 1945)
• Donald L. Cunningham (1918–1920)
• Archibald G. McAlister (1923–1926, 1931–1932, 1937–1938, 1943–1944)
• Alfred C. Lockwood (1929–1930, 1935–1936, 1941–1942)
• Rawghlie Clement Stanford (1945–1948)
• Arthur T. LaPrade (1949–1950, 1955–1956)
• Levi Stewart Udall (1951–1952)
• Rawghlie Clement Stanford (1953–1953)
• Marlin T. Phelps (1954–1954, 1959)
• Levi Stewart Udall (1957–1958)
• Fred C. Struckmeyer Jr. (1960–1961, 1966, 1971, 1980–1981)
• Charles C. Bernstein (1962–1963, 1967–1967)
• Jesse Addison Udall (1964–1964, 1969)
• Lorna E. Lockwood (1965–1965, 1970) (First female chief justice in the United States)
• Ernest McFarland (1968–1968)
• Jack D. H. Hays (1972–1974)
• James Duke Cameron (1975–1979)
• William A. Holohan (1982–1987)
• Frank Gordon Jr. (1987–1992)
• Stanley G. Feldman (1992–1997)
• Thomas A. Zlaket (1997–2002)
• Charles E. Jones (2002–2005)
• Ruth McGregor (2005–2009)
• Rebecca White Berch (2009–2014)
• Scott Bales (2014–2019)
• Robert M. Brutinel (2019–present)

Notable cases[edit]

• Harrison v. Laveen, 67 Ariz. 337, 196 P.2d 456 (1948), a case in which the Court held that the state constitution's use of the phrase "persons under guardianship" applied only to judicial guardianship and had "no application to the plaintiffs or to the Federal status of Indians in Arizona as a class."^[11]
• Spur Industries, Inc. v. Del E. Webb Development Co., 108 Ariz. 178, 494 P.2d 700 (1972), a case addressing the principles of nuisance law.
• Planned Parenthood Arizona v. Mayes, CV-23-0005-PR (2024), a case upholding Arizona's abortion ban enacted in 1864.^[12]

See also[edit]

• Arizona Bar Exam
• Courts of Arizona

References[edit]

External links[edit]

• Map: 33°26′51″N 112°05′33″W / 33.44750°N 112.09250°W / 33.44750; -112.09250
• Arizona Supreme Court Justices
• Arizona Constitution, Article VI
• Arizona Judicial Branch