Hobbs to pick new Arizona justice from list of five finalists

A special panel has given Democratic Gov. Katie Hobbs five choices from which she must pick the next justice of the Arizona Supreme Court.

The list approved late Monday by the Commission on Appellate Court Appointments includes three Democrats and two political independents.

That particular mix is not unusual. In fact, it’s mandated by the Arizona Constitution, which requires the commission to provide a politically diverse list. No more than 60% can be from the same party.

The commission clearly has a favorite: Maria Elena Cruz, currently a judge on the state Court of Appeals.

The Yuma Democrat previously served as a judge for the Cocopah Indian Tribe and Yuma County Superior Court.

She was the only one of the applicants who gained unanimous support of the 15 commissioners who voted; Chief Justice Ann Scott Timmer, who chairs the panel, chose to abstain in all cases.

Racial/ethnic information is required to be included in each application; Cruz identifies as a Black Latina.

Women have been represented on the court for decades. But there were no Hispanics on the court until 2016 when then-Gov. Doug Ducey named John Lopez to the court. There have been no Black justices.

Nicole Davis, who is deputy director of the Department of Economic Security and the agency’s general counsel, picked up 13 votes from the commissioners. She is a political independent and is Black.

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Prior to working at DES, she was a deputy general counsel for the Arizona Health Care Cost Containment System, the state’s Medicaid program. She also served as deputy general counsel to Democrat Janet Napolitano when she was governor.

Also on the list is Andrew Jacobs, a Democrat who is white. Most of his experience before joining the court was in private practice at a Phoenix law firm. He got 12 votes.

Picking up 14 votes was Regina Nassen, principal assistant attorney for the city of Tucson. Initially a political independent, she registered as a Democrat for 14 years before becoming an independent again in 2014.

Nassen, who is white, also has experience in private practice.

The list is filled out by Alexander Samuels, an assistant state attorney general who is a Democrat, is white, and previously worked as an assistant U.S. attorney.

Hobbs has 60 days to make her pick to replace retiring Justice Robert Brutinel, a Republican. Her choice will be final, with no requirement for Senate confirmation.

Hers will be the first pick by a Democratic governor in nearly two decades.

Everyone now on the court was named either by Jan Brewer or Ducey, both of whom are Republicans. They chose only Republicans with the exception of Ducey’s pick of Clint Bolick, who was registered as a political independent when named.