PHOENIX — Five judges and four attorneys have made the first cut in their bids to become a justice on the Arizona Supreme Court.
Following a screening of applications, the Commission on Appellate Court Appointments on Thursday chose to invite nine of the 11 applicants in for formal interviews at the end of the month. The panel will then decide which names to forward to Gov. Doug Ducey, who has to make his picks from that list.
With two openings to fill, state law requires that Ducey must get at least two finalists who are not members of his Republican Party.
The openings follow Ducey’s decision in May to sign legislation expanding the five-member court by two. The governor denied at the time that the move, pushed through the Republican-controlled Legislature, amounts to allowing him to “pack” the court with justices more to his political liking.
That measure came despite unanimous opposition of every sitting justice on the court. Chief Justice Scott Bales said the expansion is “not warranted” by the court’s current caseload.
Ducey, however, said having a seven-member high court puts Arizona on par with states that have a similar or smaller populations, like Nevada, Colorado, Washington and Wisconsin. And in a letter explaining his decision to sign the bill, the governor disputed Bales’ argument that the move is unwarranted.
“Some have said this bill is unnecessary and that the court can handle its caseload just fine,” Ducey said. “But I believe you’ll hear a different story from the businesses and individuals facing litigation, who are in need of certainty.”
That goes to the contention by Glenn Hamer, president of the Arizona Chamber of Commerce and Industry, that a seven-member court will review more lower-court rulings in civil cases and issue more written opinions to spell out “what the rules of the road are for business cases.”
Ducey also said it’s “just wrong” to say he is packing the court.
The governor noted that, unlike the president who can name whomever he or she wants, subject only to Senate confirmation, he must pick from the list of finalists submitted by the appellate court commission.
With the new picks, Ducey choices will be in three of the seven positions. Earlier this year he tapped Clint Bolick, an attorney from the libertarian-oriented Goldwater Institute.
The appellate court commission will conduct the interviews on Sept. 30.
