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Robert Brutinel

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Robert Brutinel
Image of Robert Brutinel

Nonpartisan

Prior offices
Yavapai County Superior Court Division 2

Arizona Supreme Court
Successor: Maria Elena Cruz

Education

Bachelor's

Arizona State University, 1979

Graduate

Duke University, 2018

Law

University of Arizona College of Law, 1982

Robert Brutinel was a judge of the Arizona Supreme Court. He assumed office in 2010. He left office on October 31, 2024.

Brutinel ran for re-election for judge of the Arizona Supreme Court. He won in the retention election on November 3, 2020.

Brutinel was elected by his peers to succeed Scott Bales as chief justice of the court. He became chief justice July 1, 2019.[1]

Brutinel first became a member of the court by appointment, Governor Jan Brewer (R) appointed Brutinel in 2010 to succeed Michael D. Ryan, who retired.[2] To read more about judicial selection in Arizona, click here.

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country. As part of this study, we assigned each justice a Confidence Score describing our confidence in the degree of partisanship exhibited by the justices' past partisan behavior, before they joined the court.[3] Brutinel received a confidence score of Mild Republican.[4] Click here to read more about this study.

Biography

Brutinel earned his undergraduate degree in economics from Arizona State University in 1979. In 1982, he received his J.D. from the University of Arizona College of Law. He received a Master of Laws degree in judicial studies from Duke University in 2018.[5]

Brutinel was a founding partner of Lockwood & Brutinel and Brutinel & Jones. He was a judge on the Yavapai County Superior Court from 1996 to 2010, and he served as presiding judge from 2004 to 2010, when he was appointed to the state supreme court. Brutinel's other experience includes serving as president of the Arizona Judges’ Association executive committee and chairing the Juvenile Dependency Advisory Commission.[5]

Elections

2020

Arizona Supreme Court

Robert Brutinel was retained to the Arizona Supreme Court on November 3, 2020 with 75.1% of the vote.

Retention
 Vote
%
Votes
Yes
 
75.1
 
1,865,552
No
 
24.9
 
617,429
Total Votes
2,482,981

2014

See also: Arizona judicial elections, 2014

Brutinel was retained to the Arizona Supreme Court with 73.4 percent of the vote on November 4, 2014.[6] 

Evaluation

The Judicial Performance Review Commission provides Arizona voters with an evaluation of each judge up for retention. The commission votes on whether a candidate meets or does not meet the JPR standards. Each judge is assessed in the categories of legal ability, integrity, communication skills, judicial temperament, and administrative performance.[7]

All members of the commission voted that Brutinel met the JPR standards.[8]

2010

See also: Arizona judicial elections, 2010

Bruntinel was re-elected to the Yavapai County Superior Court after running unopposed.[9]

Campaign themes

2020

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Robert Brutinel did not complete Ballotpedia's 2020 Candidate Connection survey.

Analysis

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship and Ballotpedia Courts: Determiners and Dissenters

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation. This was not a measure of where a justice fell on an ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. The scores were based on seven factors, including but not limited to party registration.[10]

The five resulting categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[11]
  • Mild Republican
  • Strong Republican

This justice's Confidence Score, as well as the factors contributing to that score, is presented below. The information below was current as of June 2020.

Robert
Brutinel

Arizona

  • Partisan Confidence Score:
    Mild Republican
  • Judicial Selection Method:
    Assisted appointment through governor controlled judicial nominating commission
  • Key Factors:
    • Was a registered Republican before 2020
    • Donated less than $2,000 to Republican candidates
    • Appointed by a Republican governor


Partisan Profile

Details:

Brutinel was appointed to the court by Gov. Jan Brewer (R). When he was appointed to the court, Arizona was a Republican trifecta. He was a registered Republican prior to 2020. He donated $1,200 to Republican candidates and organizations.


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.

Brutinel received a campaign finance score of 1.04, indicating a conservative ideological leaning. This was more conservative than the average score of 0.1 that justices received in Arizona.

The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.[12]

Noteworthy cases

Court rules Department of Economic Security does not have final say in family reunification (2014)

The Arizona Supreme Court ruled that juvenile court judges cannot rely upon the opinion of only DES caseworkers when considering whether to return children to parents once they have been removed from the home. Judge Brutinel wrote for the unanimous court, stating that while DES does have the power to place a removed child with a parent, it cannot place such a child with an abusive or neglectful one.

Articles:

State supreme court judicial selection in Arizona

See also: Judicial selection in Arizona

The seven justices on the Arizona Supreme Court are each appointed by the governor from a list of names compiled by the Arizona Commission on Appellate Court Appointments. The commission is composed of 16 members who serve staggered four-year terms. The membership includes 10 non-attorneys, five attorneys, and the chief justice of the supreme court, who chairs the commission.[13]

The initial term of a new justice is at least two years, after which the justice stands for retention in an uncontested yes-no election. Subsequent terms last six years.[14] For more information on these retention elections, visit the Arizona judicial elections page.

Qualifications

To serve on this court, a justice:[15]

  • Must be admitted to the practice of law in Arizona and be a resident of Arizona for the 10 years immediately 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.[16]

Chief justice

The court's chief justice is selected by peer vote. He or she serves in that capacity for five years.[17]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a justice's term. Potential justices submit applications to the Arizona Commission on Appellate Court Appointments, and once the commission has chosen a slate of nominees, the governor picks one from that list. After occupying the seat for two years, the newly appointed justice stands for retention in the next general election. The justice then serves a full six-year term if he or she is retained by voters.[18]

The map below highlights how vacancies are filled in state supreme courts across the country.


See also

Alabama Judicial Selection More Courts
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Alabama Court of Criminal Appeals
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Federal courts
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External links

Footnotes

  1. Associated Press, "Robert Brutinel elected as next Arizona Supreme Court chief justice," updated November 21, 2018
  2. East Valley Tribune, "Brewer names Yavapai County trial judge to state Supreme Court," updated November 23, 2010
  3. We calculated confidence scores by collecting several data points such as party registration, donations, and previous political campaigns.
  4. The five possible confidence scores were: Strong Democrat, Mild Democrat, Indeterminate, Mild Republican, and Strong Republican.
  5. 5.0 5.1 Arizona Courts, "Chief Justice Robert M. Brutinel," accessed June 11, 2021
  6. Arizona Secretary of State, "2014 General Election," accessed June 11, 2021
  7. Arizona Commission on Judicial Performance Review, "Judicial Performance Standards," accessed June 11, 2021
  8. Arizona Commission on Judicial Performance Review, "Judicial Reports, 2014," accessed June 11, 2021
  9. Yavapai County, "Election Summary Report," accessed June 11, 2021
  10. The seven factors were party registration, donations made to partisan candidates, donations made to political parties, donations received from political parties or bodies with clear political affiliation, participation in political campaigns, the partisanship of the body responsible for appointing the justice, and state trifecta status when the justice joined the court.
  11. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  12. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  13. Arizona Judicial Branch, "Article 6, Section 36: Commission on appellate court appointments and terms, appointments and vacancies on commission," accessed March 24, 2023
  14. Arizona Judicial Branch, "Article 6, Section 37: Judicial vacancies and appointments; initial terms; residence; age," accessed March 24, 2023
  15. Arizona Judicial Branch, "AZ Supreme Court," accessed March 24, 2023
  16. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  17. Arizona Judicial Branch, "Meet The Justices," accessed March 24, 2023
  18. Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023