Republican Attorneys Pass Up Supreme Court Opportunity

A recently released list reveals that none of the 17 candidates seeking to fill Justice Robert Brutinel’s vacancy are registered Republicans, with only a few showing as Independents. This information was made public on Friday after the submission deadline passed.

The political affiliations of the applicants could present challenges for the Commission on Appellate Court Appointments. Arizona’s constitution mandates that no more than 60% of nominees can belong to the same political party, narrowing options for the governor.

Justice Brutinel’s departure represents an opportunity for Governor Katie Hobbs, a Democrat, to make her first appointment to the state Supreme Court. This is notable as it’s the first appointment by a Democratic governor in nearly 20 years. The expectation is high that Hobbs will select from among the Democratic candidates given the political landscape.

The applicants list shows a clear tendency towards the Democratic Party, with 13 Democrats and four Independents vying for the position. The selection process will shape the final recommendations that the Commission will provide to the governor.

Among the independent candidates are Nicole Davis, general counsel for the Arizona Department of Economic Security; Regina Nassen, assistant city attorney for Tucson; Barry Stratford, a partner at Perkins Coie; and William Wingard, a judge in Maricopa County Superior Court.

The Democratic applicants include prominent figures like Court of Appeals judges Maria Elena Cruz and Andrew Jacobs, Hobbs’ legal counsel Andy Gaona, and deputy solicitor general Alexander Samuels.

Other notable Democratic applicants include Ann Ching, a law professor at ASU; judge Monica Bellapravalu Edelstein; and commissioner Janette Corral. Additionally, public defender attorney supervisor Mikel Steinfeld and legislative attorney Doreen McPaul are among those seeking the appointment.

The ongoing appointment process could see further developments, particularly if voters opt not to retain justices Clint Bolick and Kathryn King. Such decisions could open additional vacancies, possibly encouraging some applicants to reapply.

According to Alberto Rodriguez, spokesperson for the court, the nomination process for any future vacancies will continue as per standard procedures, but the commission may choose to combine processes if needed. He underscored that if either Bolick or King is not retained, they would fulfill the remainder of their terms until January 6.

Brutinel announced his retirement, effective October 31, prompting the upcoming vacancy procedures. Under Arizona’s Constitution, the commission is required to present at least three names to the governor within 60 days of the vacancy.

The commission is also directed to make appointments without political bias while considering the demographic diversity of the state. Merit remains the primary criterion for selection.

To facilitate transparency and public involvement, the commission will conduct two public meetings: the first to screen the applicants and the second for interviews. The first of these meetings is scheduled for November 22.