Hobbs Faces Tough Choice: Only 1 from 17 Candidates for Arizona Supreme Court Justice

PHOENIX — Seventeen judges and attorneys have submitted their applications for the position of Supreme Court justice, a role vacated by retiring Republican Justice Robert Brutinel. Governor Katie Hobbs is expected to appoint a Democrat, reflecting her party affiliation.

This political dynamic may limit the pool, as the Arizona Constitution mandates that the nominating commission submits candidates from more than one party. However, Hobbs can only select from the finalists provided by the Commission on Appellate Court Appointments, which must deliver at least three names, although there’s no upper limit.

In contrast to federal procedures, Hobbs doesn’t face a confirmation process in the Republican-controlled state Senate for her appointee. This aspect could streamline the appointment, allowing her to act without the complexities of a Senate vote.

The impending appointment is significant, especially considering that current Supreme Court justices Clint Bolick and Kathryn King face re-election challenges on the November 5 ballot. Both judges, appointed by former Republican Governor Doug Ducey, are under scrutiny due to their role in enforcing a controversial 1864 abortion law.

Complicating the judicial landscape, Proposition 137 is also on the ballot. This measure, introduced by Republican lawmakers, proposes to alter the election process for judges, requiring only those with significant issues, like felony convictions or personal bankruptcies, to face voters regularly. If passed, it would shield other judges from electoral challenges until the mandatory retirement age of 70.

This proposition carries retroactive implications that could impact the potential removal of Bolick and King, prompting opposition from various groups advocating for their ousting.

Historically, since the gubernatorial appointment system was established in 1974, only two Democrats have been appointed: Ruth McGregor by Republican Governor Jane Hull in 1998, and Bolick, who, although technically an independent, was aligned with many Republican policies.

The Commission on Appellate Court Appointments is scheduled to meet at the Arizona Supreme Court building on November 22 to discuss the applicants and review public comments.