Arizona Court of Appeals

Seal of the Arizona Court of Appeals

The Arizona Court of Appeals was established in 1965 and is the intermediate appellate court for the state. It is divided into two divisions, with a total of 22 judges on the court. There are 16 judges for Division One, based in Phoenix, and six for Division Two, based in Tucson.

The court decides the cases that come before it in panels of three judges. These panels are called departments. Each three-judge department has a presiding judge who is elected by the three judges of that department. The court hears appeals of civil and criminal cases from the superior courts, except when a death sentence has been imposed. If the superior court imposes a death sentence, the case is always appealed to the Arizona Supreme Court. The court of appeals reviews cases involving juveniles and domestic relations, workers' compensation and unemployment benefits, taxes and some corporation decisions. Finally, it may decide "petitions for special action", or petitions for special writs such as certiorari, mandamus and prohibition.

When litigants disagree with a ruling of this court, they can file an appeal with the Arizona Supreme Court.

 

Arizona Court of Appeals
Court information
Judges:	22
Founded:	1965
Salary:	$150,000
Judicial selection
Method:	Assisted appointment
Term:	6 years

Judges

Judge	Tenure	Appointed By
Garye Vasquez	2006 - Present	Gov. Janet Napolitano (D)
Karl Eppich	2017 - Present	Gov. Doug Ducey (R)
D. Steven Williams	November 1, 2019 - Present	Gov. Doug Ducey (R)
Jennifer B. Campbell	2017 - Present	Gov. Doug Ducey (R)
Michael J. Brown	2007 - Present	Gov. Janet Napolitano (D)
Maria Elena Cruz	2017 - Present	Gov. Doug Ducey (R)
Brian Furuya	December 30, 2020 - Present	Doug Ducey
Cynthia Bailey	April 24, 2020 - Present	Gov. Doug Ducey (R)
Jennifer Perkins	2017 - Present	Gov. Doug Ducey (R)
Peter Swann	September 23, 2008 - Present	Gov. Janet Napolitano (D)
Kent Ernest Cattani	February 8, 2013 - Present	Gov. Jan Brewer (R)
Lawrence Winthrop	2002 - Present	Gov. Jane Dee Hull (R)
Samuel A. Thumma	2012 - Present	Gov. Jan Brewer (R)
David Weinzweig	2018 - Present	Gov. Doug Ducey (R)
Randall M. Howe	2012 - Present	Gov. Jan Brewer (R)
Paul McMurdie	2016 - Present	Gov. Doug Ducey (R)
James Morse	2017 - Present	Gov. Doug Ducey (R)
David Gass	2019 - Present	Gov. Doug Ducey (R)
Sean Earl Brearcliffe	2017 - Present	Gov. Doug Ducey (R)
Peter Eckerstrom	2003 - Present	Gov. Janet Napolitano (D)
Christopher P. Staring	October 20, 2015 - Present	Gov. Doug Ducey (R)
Philip Espinosa	1992 - Present	Gov. Fife Symington (R)

Judicial selection

Judges are selected by the commission/appointment method. The Arizona Commission on Appellate Court Appointments interviews 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. Court of appeals judges serve initial terms of at least two years and subsequent terms of six years. The court of appeals is divided into two divisions. There are 16 judges for Division One, based in Phoenix, and six for Division Two, based in Tucson. In Division One, 10 judges must be residents of Maricopa County, five judges must be residents of the remaining counties, and the final judge may be a resident of any county in Division One. In Division Two, four judges must be residents of Pima County and two judges must be residents of the remaining counties.

The chief judge of the court of appeals, like that of the supreme court, is selected by peer vote. However, he or she only serves in that capacity for one year.

Qualifications

To be qualified to serve on the Court of Appeals bench, a judge must be:

• at least 30 years old
• of good moral character
• a resident of Arizona who has been licensed to practice law in the state for the five years immediately prior to taking office

Salary

According to a study published by the National Center for State Courts, the annual salary for Arizona Court of Appeals judges is $150,000. These judges are the 26th highest paid intermediate appellate judges in the nation. These figures were accurate as of January 1, 2015.

Elections

2020

See also: Arizona intermediate appellate court elections, 2020

The terms of 11 Arizona Court of Appeals justices expired on January 4, 2021. The 11 seats were up for retention election on November 3, 2020. A full term on the court is six years.

Judges with expiring terms

This is a list of the justices who had to stand for retention election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

■ Samuel A. Thumma
■ Jennifer B. Campbell
■ Maria Elena Cruz
■ Randall M. Howe
■ Paul McMurdie
■ James Morse
■ Jennifer Perkins
■ David Weinzweig
■ Garye Vasquez
■ Karl Eppich
■ Sean Brearcliffe

Division One

Arizona Court of Appeals Division One - Retention elections (November 3, 2020)
Incumbents are marked with an (i) after their name.
Office	Candidates
Division One	Jennifer B. Campbell (i)
Division One	Maria Elena Cruz (i)
Division One	Randall M. Howe (i)
Division One	Paul McMurdie (i)
Division One	James Morse (i)
Division One	Jennifer Perkins (i)
Division One	Samuel A. Thumma (i)
Division One	David Weinzweig (i)

Division Two

Arizona Court of Appeals Division Two - Retention elections (November 3, 2020)
Incumbents are marked with an (i) after their name.
Office	Candidates
Division Two	Karl Eppich (i)
Division Two	Garye Vasquez (i)
Division Two	Sean Earl Brearcliffe (i)

2018

See also: Arizona judicial elections, 2018

Judges with expiring terms

This is a list of the judges who had to stand for retention in 2018 in order to remain on the bench. Judges may choose not to stand for retention or may retire. In retention elections, a judge stands for a "yes" or "no" vote; no challengers may run in the elections.

■ Philip Espinosa
■ Peter Eckerstrom
■ Peter Swann
■ Christopher P. Staring

2016

Judges who faced retention

■ Jon Thompson
■ Kent Cattani
■ Lawrence Winthrop
■ Michael J. Brown
■ Kenton Jones
■ Michael O. Miller

Election results

November 8 general election

Jon Thompson was retained in the Arizona Court of Appeals, Thompson's seat election with 79.02% of the vote.

Arizona Court of Appeals, Thompson's seat, 2016
Name	Yes votes
Jon Thompson	79.02%
Source: Arizona Secretary of State

Kent Cattani was retained in the Arizona Court of Appeals, Cattani's seat election with 72.06% of the vote.

Arizona Court of Appeals, Cattani's seat, 2016
Name	Yes votes
Kent Cattani	72.06%
Source: Arizona Secretary of State

Lawrence Winthrop was retained in the Arizona Court of Appeals, Winthrop's seat election with 72.53% of the vote.

Arizona Court of Appeals, Winthrop's seat, 2016
Name	Yes votes
Lawrence Winthrop	72.53%
Source: Arizona Secretary of State

Michael J. Brown was retained in the Arizona Court of Appeals, Brown's seat election with 79.24% of the vote.

Arizona Court of Appeals, Brown's seat, 2016
Name	Yes votes
Michael J. Brown	79.24%
Source: Arizona Secretary of State

Kenton Jones was retained in the Arizona Court of Appeals, Jones' seat election with 79.27% of the vote.

Arizona Court of Appeals, Jones' seat, 2016
Name	Yes votes
Kenton Jones	79.27%
Source: Arizona Secretary of State

Michael O. Miller was retained in the Arizona Court of Appeals, Miller's seat election with 78.18% of the vote.

Arizona Court of Appeals, Miller's seat, 2016
Name	Yes votes
Michael O. Miller	78.18%
Source: Arizona Secretary of State

2014

Retention

Judge	Election Vote
JohnsenDiane Johnsen	66.7% A
GouldAndrew W. Gould	77.5% A
HoweRandall M. Howe	71.7% A
ThummaSamuel A. Thumma	68.1% A
OrozcoPatricia Orozco	75.1% A
VasquezGarye Vasquez	70.4% A

2012

Judge	Incumbency	Retention vote	Retention Vote %
KesslerDonn Kessler   A	Yes	477,974	66.68%A
HowardJoseph W. Howard   A	Yes	121,064	76.59%A
DownieMargaret Downie   A	Yes	512,260	70.06%A
PortleyMaurice Portley   A	Yes	452,943	63.13%A
NorrisPatricia Norris   A	Yes	507,557	69.63%A
EckerstromPeter Eckerstrom   A	Yes	188,495	72.78%A
SwannPeter Swann   A	Yes	463,787	64.67%A
EspinosaPhilip Espinosa   A	Yes	194,653	75.64%A
KellyVirginia C. Kelly   A	Yes	199,865	77.51%A

Ethics

The judges in Arizona must follow the state's judicial code of conduct. It has four canons.

“	Canon 1 - A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety. Canon 2 - A judge shall perform the duties of judicial office impartially, competently, and diligently. Canon 3 - A judge shall conduct the judge’s extrajudicial activities so as to minimize the risk of conflict with the obligations of judicial office. Canon 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.	”
—Arizona judiciary

Removal of judges

In Arizona, there are three ways to remove a judge from the bench.

• Judges may be impeached by a majority vote of the Arizona House of Representatives. The judge must then be convicted by a two-thirds vote of the Arizona Senate.

• The Arizona Supreme Court may take action to censure, suspend, remove or forcibly retire a judge upon the recommendation of the Commission on Judicial Conduct.

• Finally, judges are always subject to recall.

Arizona Commission on Judicial Conduct

This commission receives and investigates complaints of judicial misconduct or wrongdoing. It then makes a recommendation, if appropriate, to the Supreme Court on discipline for the judge. The commission also answers ethical questions as they arise from judges and their staff.

*For a more detailed look at this commission, please see the Commission on Judicial Conduct page.

Noteworthy cases

• Arizona Court of Appeals rules marijuana users can get DUI even if not impaired (2013)      Judge(s):Michael J. Brown (State ex rel. Montgomery v. Harris, No. 1 CA–SA 12–0211)	Click for summary→
The Arizona Court of Appeals' ruling on February 13, 2013, focused on two chemical compounds found in blood and urine of marijuana users. One compound impairs a driver's senses, while the second compound does not. The second compound, while not impairing the user, still stays in a person's system up to weeks after smoking and is detectable in a blood/urine test. The court of appeals ruled that Arizona law applies to both chemical compounds and that a person can be prosecuted for driving under the influence if marijuana is detectable in their system, even if the person is not actually impaired. This decision overturned the lower court's ruling that prosecuting someone for being under the influence when there was no evidence of impairment was senseless. The Arizona Supreme Court reviewed the court of appeals' decision and affirmed it in an opinion issued April 22, 2014.

• Court orders sheriff to return confiscated marijuana (2013)      Judge(s):Diane Johnsen (State v. Okun, No. 1 CA–CV 12–0094)	Click for summary→
Marijuana confiscated from a California woman was returned after the Arizona Court of Appeals affirmed an earlier ruling by a superior court. The marijuana was confiscated at a border checkpoint and the woman was cited for violating Arizona's drug laws. Those charges were dropped after she presented proof of her authorization to use and possess medical marijuana in California, and under Arizona’s 2010 voter-approved medical marijuana law, she was permitted to possess two and a half ounces as a visitor in Arizona. The Yuma County Superior Court ordered the medical marijuana returned, but the sheriff argued that doing so would violate federal drug distribution laws. Affirming the superior court's decision, the Arizona Court of Appeals ordered that the marijuana be returned because it should never have been confiscated. The court also stated that "the Sheriff is immune from prosecution under the federal law for acts taken in compliance with a court order."

State profile

Demographic data for Arizona
	Arizona	U.S.
Total population:	6,817,565	316,515,021
Land area (sq mi):	113,594	3,531,905
Race and ethnicity**
White:	78.4%	73.6%
Black/African American:	4.2%	12.6%
Asian:	3%	5.1%
Native American:	4.4%	0.8%
Pacific Islander:	0.2%	0.2%
Two or more:	3.2%	3%
Hispanic/Latino:	30.3%	17.1%
Education
High school graduation rate:	86%	86.7%
College graduation rate:	27.5%	29.8%
Income
Median household income:	$50,255	$53,889
Persons below poverty level:	21.2%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Arizona. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Arizona

Arizona voted Republican in all five presidential elections between 2000 and 2016.

More Arizona coverage on Ballotpedia

• Elections in Arizona
• United States congressional delegations from Arizona
• Public policy in Arizona
• Influencers in Arizona
• Arizona fact checks
• More...

Recent news

The link below is to the most recent stories in a Google news search for the terms Arizona Court of Appeals. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Arizona Court of Appeals - Google News

See also

Arizona	Judicial Selection	More Courts
Courts in Arizona Arizona Court of Appeals Arizona Supreme Court	Elections: 2017 • 2018 • 2019 • 2020 • 2021 Gubernatorial appointments Judicial selection in Arizona	Federal courts State courts Local courts

External links

• Arizona Courts, "Court of Appeals, Division One"
• Arizona Courts, "Court of Appeals, Division Two"

Footnotes

Arizona courts

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Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Arizona • U.S. Bankruptcy Court: District of Arizona

State courts:

Arizona Supreme Court • Arizona Court of Appeals • Arizona Superior Court • Arizona Justice Courts • Arizona Municipal Courts

State resources:

Courts in Arizona • Arizona judicial elections • Judicial selection in Arizona