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Arizona Supreme Court justice vacancy (March 2019)
 |
|---|
| Pelander Vacancy Arizona Supreme Court |
| Vacancy date |
| Vacancy status |
| Nomination date |
| April 26, 2019 |
| Table of contents |
|
Appointee candidates Selection process About Justice Pelander |
| See also |
| Recent news External links Footnotes |
Gov. Doug Ducey (R) appointed James Beene to the Arizona Supreme Court on April 26, 2019, to fill the seat vacated by former Justice John Pelander.[1] Beene was Ducey's fourth appointment to the seven-member court.
Under Arizona law, in the event of a supreme court vacancy, the governor appoints a justice from a list of names compiled by the Arizona Commission on Appellate Court Appointments. The final list of five individuals from which Ducey chose Beene included three sitting members of the Arizona Court of Appeals, one judge from a superior court, and an attorney. They were three Republicans and two Democrats. Click here to read more about the potential nominees.
At the time of the nomination, the Commission on Appellate Court Appointments was a 15-member body. It was chaired by Chief Justice Scott Bales and had seven Republican members, three Democratic members, and four registered independents. Although Bales' party registration was not listed in official materials, he was the sole member of the court to be appointed by a Democratic governor. Click here to read more about the nominating commission.
Ducey had a deadline of May 1 to appoint a new judge. If Ducey had not meet that deadline, Chief Justice Scott Bales would have appointed the court's new justice. At the time this vacancy was filled, a chief justice appointing a new justice had never happened in Arizona history.[2]
Former Justice Pelander retired on March 1, 2019. In a press release announcing his retirement, Chief Justice Bales said Pelander was "an exemplary judge – a model for his wisdom, collegiality, and commitment to fairly upholding the law."[3]
To read more about other state supreme court vacancies across the country that are filled by appointments, click here.
The appointee
Gov. Doug Ducey appointed James Beene on April 26, 2019.[1] Prior to this appointment, Beene was a judge on the Arizona Court of Appeals, Division One, from 2016 to 2019, and on the Maricopa County Superior Court from 2009 to 2016.[1]
Makeup of the court
At the time of the vacancy, the makeup of the court was as follows:
- Andrew W. Gould - Initially appointed by Gov. Doug Ducey
- Robert Brutinel - Initially appointed by Gov. Jan Brewer
- Ann Timmer - Initially appointed by Gov. Jan Brewer
- Clint Bolick - Initially appointed by Gov. Doug Ducey
- John Lopez IV - Initially appointed by Gov. Doug Ducey
- Scott Bales - Initially appointed by Gov. Janet Napolitano
Justices are appointed from a list supplied by a nominating commission, but The Arizona Republic noted that it is "exceedingly rare for a governor to appoint a justice from outside of his or her own party."[4]
Appointee candidates and nominations
The following individuals were submitted to the governor following interviews with the selection commission. Ducey was required to choose someone from this list to appoint to the seat. The partisan affiliations below were taken from the information on official applications.[5]
- James P. Beene
- Kent E. Cattani
- Maria Elena Cruz
- Richard E. Gordon
- Andrew M. Jacobs
Former candidates
The following individuals applied to fill the vacancy and were approved by the selection commission to proceed to the interview stage, according to the official Arizona Judicial Branch website. They were not selected for the final shortlist submitted to the governor. The partisan affiliations below were taken from the information on official applications.[6]
- Sean E. Brearcliffe
- David J. Euchner
- William G. Montgomery
- Regina L. Nassen
- Jennifer M. Perkins
- Timothy M. Wright
The selection process
At the time of the vacancy, there were seven justices on the Arizona Supreme Court, each appointed by the governor from a list of names compiled by the Arizona Commission on Appellate Court Appointments. The initial term of a new justice was at least two years, after which the justice stood for retention in an uncontested yes-no election. Subsequent terms lasted six years.[7] For more information on these retention elections, visit the Arizona judicial elections page.
To serve on the supreme court, a justice was required to be:
- a state resident;
- licensed to practice law in the state for 10 years; and
- under the age of 70 (retirement by 70 is mandatory).[7]
At the time of the vacancy, Arizona was one of 24 states in the country that used the assisted appointment method of judicial selection for their court of last resort. Sixteen states selected judges via nonpartisan election, seven used partisan elections, four had the governor appoint judges directly, and two states (South Carolina and Virginia) used the legislature to elect judges. For more information on judicial selection methods across the country, click here.
Nominating commission members
At the time of the vacancy, the Arizona Commission on Appellate Court Appointments was responsible for supplying a list of potential nominees to the governor. The commission was typically made up of 16 members: 10 members of the public, five lawyers, and the chief justice of the Arizona Supreme Court. They served staggered four-year terms. No more than five members of the public could be from the same political party, and no more than two could be from the same county. Of the attorneys, no more than three could be from the same political party and no more than two could be from the same county. The commission that vetted and recommended applicants for this vacancy is listed below. There were only 15 members on the commission because of a vacant attorney position. The partisan affiliation of each member was made known in official documentation.[8]
- Chief Justice Scott Bales - Chair
- Public Members (10)
- Gerald Nabours
- Dr. Tracy Munsil
- Jonathan Paton
- Joshua Hall
- Joseph Cuffair
- Phillip Masciola
- Buchanan Davis
- Charie Wallace
- William Gresser
- Phil Townsend
- Gerald Nabours
- Attorney Members (4)
- Monica Klapper
- Benjamin Reeves
- William Ekstrom, Jr.
- Larry Suciu
- Vacancy
- Monica Klapper
Media commentary
This section provides an overview of media coverage of the vacancy from within Arizona and across the country. If you know of commentary that should be included here, please email us.
- Maria Polletta of Arizona Republic said that Ducey prefers a specific type of judge when considering court appointments. "Though Ducey says he has no particular litmus test for prospective judges on issues such as reproductive rights, he clearly prefers a certain judicial approach. He has said more than once that he aims to appoint 'constitutional conservatives,' who support small government and individual rights, and 'textualists,' who interpret laws based on their literal meaning," Polleta wrote on February 10.[4]
- Dillon Rosenblatt of the Arizona Capitol Times speculated that Ducey could select an applicant who previously donated to his campaign. He wrote on February 6 that "Brearcliffe and Gordon contributed money to Ducey’s campaign for governor in 2018. Two of the three justices Ducey has already appointed also contributed to his prior campaign before their appointments: Justices Clint Bolick and John Lopez."[2]
About Justice Pelander
Governor Jan Brewer (R) appointed Pelander to the state supreme court on July 28, 2009. He was retained in 2012 and 2018. Pelander was a judge on the Arizona Court of Appeals from 1995 to 2009. He served as chief judge of the appellate court from June 2004 to June 2009.[9]
Prior to his judicial career, Pelander was a partner at Slutes, Sakrison, Grant & Pelander, P.C. (1984-1985) and at Slutes, Browning, Sakrison & Grant, P.C. (1981-1984). He was an associate and partner at Slutes, Browning, Zlaket & Sakrison, P.C. from 1977 to 1981. He was a law clerk to the Honorable Richard H. Chambers of the United States Court of Appeals for the 9th Circuit from 1976 to 1977.[9]
Pelander earned his B.A., cum laude, from Wittenberg University in 1973. He obtained his J.D. from the University of Arizona College of Law in 1976, where he graduated with high distinction and Order of the Coif. He earned his LL.M. in judicial process from the University of Virginia School of Law in 1998.[9]
Pelander received numerous awards and honors during his career. For more information, click here.
Other state supreme court appointments in 2019
- See also: State supreme court vacancies, 2019
The following table lists vacancies to state supreme courts that opened in 2019. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2020.
| 2019 judicial vacancies filled by appointment | |||||
|---|---|---|---|---|---|
| Court | Date of Vacancy | Justice | Reason | Date Vacancy Filled | Successor |
| Florida Supreme Court | January 7, 2019 | Fred Lewis | Retirement | January 9, 2019 | Barbara Lagoa |
| Florida Supreme Court | January 7, 2019 | Barbara Pariente | Retirement | January 14, 2019 | Robert J. Luck |
| Florida Supreme Court | January 7, 2019 | Peggy Quince | Retirement | January 22, 2019 | Carlos Muñiz |
| Kentucky Supreme Court | January 31, 2019 | Bill Cunningham | Retirement | March 27, 2019 | David Buckingham |
| Mississippi Supreme Court | January 31, 2019 | William Waller | Retirement | December 19, 2018 | Kenny Griffis |
| North Carolina Supreme Court | February 28, 2019 | Mark Martin | Private sector[10] | March 1, 2019 | Cheri Beasley |
| North Carolina Supreme Court | March 1, 2019 | Cheri Beasley | Apppointed to new post[11] | March 11, 2019 | Mark Davis |
| Arizona Supreme Court | March 1, 2019 | John Pelander | Retirement | April 26, 2019 | James Beene |
| Oklahoma Supreme Court | April 10, 2019 | Patrick Wyrick | Elevation to a federal judgeship[12] | November 20, 2019 | Dustin Rowe |
| Oklahoma Supreme Court | April 30, 2019 | John Reif | Retirement | September 17, 2019 | M. John Kane IV |
| Arizona Supreme Court | July 3, 2019 | Scott Bales | Private sector[13] | September 4, 2019 | Bill Montgomery |
| Texas Supreme Court | July 31, 2019 | Jeff Brown | Elevation to a federal judgeship[14] | August 26, 2019 | Jane Bland |
| New Hampshire Supreme Court | August 23, 2019 | Robert Lynn | Retirement | January 7, 2021 | Gordon MacDonald |
| Virginia Supreme Court | September 1, 2019 | Elizabeth McClanahan | Retirement | February 15, 2019 | Teresa M. Chafin |
| Vermont Supreme Court | September 1, 2019 | Marilyn Skoglund | Retirement | December 5, 2019 | William Cohen |
| Kansas Supreme Court | September 8, 2019 | Lee Johnson | Retirement | December 16, 2019 | Evelyn Z. Wilson |
| Delaware Supreme Court | October 30, 2019 | Leo E. Strine Jr. | Retirement | November 7, 2019 | Collins Seitz Jr. |
| Iowa Supreme Court | November 15, 2019 | Mark Cady | Death | January 28, 2020 | Dana Oxley |
| Florida Supreme Court | November 19, 2019 | Robert J. Luck | Elevation to a federal judgeship[15] | September 14, 2020 | Jamie Rutland Grosshans |
| Florida Supreme Court | November 20, 2019 | Barbara Lagoa | Elevation to a federal judgeship[16] | May 26, 2020 | John D. Couriel |
| Kansas Supreme Court | December 17, 2019 | Lawton Nuss | Retirement | March 11, 2020 | Keynen Wall |
| Maine Supreme Court | December 2019 | Jeffrey Hjelm | Retirement | January 6, 2020 | Catherine Connors |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Office of the Governor Doug Ducey, "Governor Ducey Appoints James P. Beene To The Supreme Court Of Arizona," April 26, 2019
- ↑ 2.0 2.1 Arizona Capitol Times, "Commission narrows field of Supreme Court applicants," February 6, 2019
- ↑ Arizona Supreme Court, "Justice John Pelander Announces Retirement," December 11, 2018
- ↑ 4.0 4.1 AZ Central, "A majority of the Arizona Supreme Court will soon be selected by Gov. Doug Ducey," February 10, 2019
- ↑ Phoenix New Times, "County Attorney Bill Montgomery Misses Shot for Arizona Supreme Court," March 1, 2019
- ↑ Arizona Judicial Branch, "Vacancy Applications," accessed February 11, 2019
- ↑ 7.0 7.1 National Center for State Courts, "Methods of Judicial Selection: Arizona," accessed August 22, 2016
- ↑ Arizona Judicial Branch, "Commission on Appellate Court Appointments," accessed February 11, 2019
- ↑ 9.0 9.1 9.2 Arizona Judicial Branch, "Justice John Pelander," accessed December 13, 2018
- ↑ Martin left the court to become the dean of Regent University Law School in Virginia Beach, Virginia.
- ↑ Beasley was appointed chief justice of the court.
- ↑ Wyrick was confirmed to a seat on the Western District of Oklahoma on April 9, 2019.
- ↑ Bales left the court to become executive director of the Institute for the Advancement of the American Legal System at the University of Denver.
- ↑ Brown was confirmed to a seat on the Southern District of Texas on July 31, 2019.
- ↑ Luck was confirmed to a seat on the United States Court of Appeals for the 11th Circuit on November 19, 2019.
- ↑ Lagoa was confirmed to a seat on the United States Court of Appeals for the 11th Circuit on November 20, 2019.
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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
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