Robert Brutinel, Justice of the Arizona Supreme Court, has announced his retirement effective October 31, 2024, concluding over four decades of legal service in Arizona. This decision presents Democratic Governor Katie Hobbs with a rare opportunity to appoint a new justice to the predominantly Republican court.
Brutinel, appointed by former Republican Governor Jan Brewer in 2009, served as chief justice from 2019 to 2024. In his retirement letter, he expressed confidence in the future of Arizona's judicial system.
The Arizona Supreme Court, established in 1912 upon Arizona's statehood, has undergone significant changes over the years. Initially comprising three justices, it expanded to five in 1949 and further to seven members in 2016. This expansion reflects the growing complexity of legal matters in the state, which was the last contiguous U.S. state to join the Union on February 14, 1912.
Arizona's unique history, including its transition from Mexican territory following the Mexican-American War in 1848 and the Gadsden Purchase of 1853, has shaped its legal landscape. The state's constitution, adopted in 1910, laid the groundwork for its judicial system.
Recently, the court made headlines by reinstating an 1864 near-total abortion ban, a decision from which Brutinel dissented. This controversial ruling was swiftly addressed by state lawmakers who repealed the ban, with Governor Hobbs signing the bill into law.
The process for selecting Brutinel's replacement involves the Commission on Appellate Court Appointments, which must provide Governor Hobbs with a list of candidates by the end of the year. This merit selection system, designed to ensure qualified and impartial justices, is a cornerstone of Arizona's judicial appointment process.
Arizona's Supreme Court justices serve six-year terms and must be retained by voters in retention elections. The court has mandatory jurisdiction in capital punishment cases, and its decisions can only be overturned by the United States Supreme Court.
As Arizona prepares for this transition, it's worth noting the state's rich cultural and natural heritage. Home to the Grand Canyon National Park and known for its "Five Cs" (Copper, Cattle, Cotton, Citrus, and Climate), Arizona's diverse landscape is as varied as its legal challenges.
The upcoming appointment will be closely watched, as it has the potential to influence the court's ideological balance. As the process unfolds, Arizonans can reflect on their state's journey from territory to statehood, and the evolving role of its highest court in shaping the legal framework of the Grand Canyon State.
"I leave this position with pride in my service on the courts and great confidence in the future of our judicial system, knowing that the courts are in very good hands. The future of our courts is bright."