Arizona judicial news

From Judgepedia

News about or affecting the judiciary in Arizona.

Judges appointed in Arizona

Arizona: Two judicial appointments to the Pima County Superior Court have been made by Arizona Governor Jan Brewer. The appointees are Christopher P. Staring, who has a law degree from the Tulane Law School, and Kyle A. Bryson, who has served as a court commissioner since 2001. They replace, now retired, Judge John F. Kelly and Judge Virginia C. Kelly, who was previously appointed to the Second Division of the Arizona Court of Appeals.^[1]

Arizona judge refuses to dismiss death penalty

Arizona: Yavapai Superior Court Judge Thomas Lindberg ruled on Tuesday, March 2, that he would not dismiss the death penalty sentence that could await Steven DeMocker if he is convicted by the state. DeMocker stands accused of murdering Carol Kennedy, his ex-wife, one month after their divorce. Prosecutors say that DeMocker had murdered Kennedy to avoid paying alimony and splitting his retirement funds and defendants have pushed Lindberg to dismiss any capital punishment on the grounds that it is assigned "randomly and arbitrarily." Although Lindberg did rule to uphold the constitutionality of the death penalty he said that he did have misgivings, though, he was tied as a trial court judge to rule that way by the appelate court.^[1]

State teachers union files lawsuit against Arizona

Arizona: On Thursday, February 25, the Arizona Education Association filed a lawsuit against the state of Arizona through the Maricopa County Superior Court. The lawsuit seeks to overturn legislative action taken in the summer of 2009, that affects teachers and employment policies, which the AEA says are unconstitutional. The grounds for these claims are that the legislature took these actions during a special legislative session that was devoted to the state budget that had nothing to do with these policy changes. This lawsuit is one of many that have come about due to the state's budget crisis.^[1]

Arizona high court affirms water rights settlement

Arizona: The Arizona Supreme Court, on Friday, February 19, approved a settlement of water rights in the state. The settlement was between Gila River Indian Community and state and federal governments and gives the Gila River tribe 653,500 acre-feet of water each year for the resolution of their claims over water rights and compensation for damages. ^[1]

Arizona Supreme Court suspends lawyer

Arizona: On February 4, the Arizona Supreme Court ordered the suspension of a lawyer, Alan N. Ariav, for one year. Ariav was found to have misrepresented a client and will have to reapply to the State Bar of Arizona for admission to practice law in Arizona again.^[1]

Arizona Supreme Court overturns Court of Appeals invloving man's conviction

Arizona: The Arizona Supreme Court has overturned a state Court of Appeals ruling that threw out the conviction of a man for home invasion. The Court of Appeals said that he was entitled to a new trial after it was discovered that only 11 jurors seemed to be polled in the original trial. However, an attorney from the Arizona Attorney General's Office discovered after the ruling that there were 12 jurors on the panel and that the error was a clerical one and not related to the trial proceedings. The Court of Appeals refused to reconsider its decision and so it was taken to the Supreme Court, who then reversed the ruling.^[1]

Former judge seeks reelection in Arizona

Arizona: Lex Anderson, a former Justice of the Peace, has announced his candidacy for the Arrowhead Justice Precinct. Anderson had held the position for 20 years but retired in 2006.^[1]

Arizon to undergo possible changes to judicial selection

Arizona: Republican Senator Jack Harper is sponsoring a proposal that would fundamentally change the way judges are selected and put in office in Arizona. He is pushing for a constitutional amendment that would remove the current merit selection system that the state has for choosing judges, and replace it with a system where the Governor would nominate and appoint judges and then have them confirmed by the Senate. The proposal is being opposed by former Supreme Court Justice Sandra Day O'Connor who helped to put the current merit system in place in 1974.^[1]

Two temporary judges announced in Arizona

Arizona: The Governor of Arizona, Jan Brewer, has appointed two new judges in Coconino county, Dan Slayton and Jacqueline Hatch, to fill the spots left by two judges who are retiring before the coming November election. Slayton is set to take the place of Fred Newton, Hatch to replace Danna Hendrix, both of the Coconino County Superior Court. Slayton will serve Division II starting March 10, and Hatch will serve Division I starting May 31.^[1]

Water importation passes Superior Court test

Phoenix, Arizona: The Maricopa County Superior Court ruled on Monday, February 1, that Prescott and Prescott Valley's operation are within the limits of the state constitution. These companies import water from the Big Chino Basin and Salt River Project believed that the provision in the 1991 Groundwater Transportation Act that allows the companies an assured water supply, gave them special exclusive privileges, immunities or franchises."^[1]

Arizona Supreme Court strikes down tax deals

Arizona: The Arizona Supreme Court ruled on Monday, January 25, that economic development agreements that involve collected sales tax being rebated to private companies are in violation of the state's constitution. The ruling came based a violation of the constitution's gift clause that says that the gift "must have both a public purpose and must provide sufficient consideration to the public." The ruling, however, will not be retro active, meaning it is possible that businesses currently engaged in such deals will receive "owed" funds anyways.^[1]

Arizona campaign funding settled

Phoenix, Arizona: U.S. District Judge Roslyn Silver has declared that the provision in Arizona law unconstitutional that allows the government to supplement publicly funding candidates who are outmatched by their opponents. In all future elections candidates will only receive their initial funding from public funds.^[1]

Ruling on public financing delayed

Phoenix, Arizona: U.S. District Court Judge Roslyn Silver delayed a final ruling on the case of whether or not to supplement publicly funded candidates when their privately funded counterparts outspend them. Judge Silver believes that it is unconstitutional to match funds when the the private money spent comes from the candidates themselves, however, she did say that funds from donation may be matched by the government.^[1]

Judge Silver has also given attorneys time to exercise the option to file an appeal so that, even if Silver rules against them the current matching funds provision to the 1998 law, which allowed candidates who were not privately funded get set allocations from the state, to stay in place for the rest of 2010.^[1]

Judges' campaigns' public financing considered

Phoenix, Arizona: In the afternoon of Friday, January 15, a federal judge will conduct a hearing to determine whether or not to immediately cease supplemental public campaign funding to publicly financed candidates who are being outspent by privately funded campaigns.^[1]

Obama controvesy inspires new bill in Arizona

Arizona: Judy Burges, a republican representative for Skull Valley, Arizona, is working on creating a new bill that would require presidential and vice presidential candidates to show proof that they were born in America before being placed on the ballot in Arizona. The bill would require the secretary of state to verify that the candidate is a natural born citizen. The bill does require more than simply verifying the candidate's birth certificate, however, it would look into all possible questions of the candidate's qualifications. One implication is that the secretary of state would have the power to determine a candidate's eligibility if there were doubts about their citizenship.^[1]

The crafting of the bill was inspired by Burges questioning of President Obama's eligibility as president based on her doubts about his citizenship and, in her words, his loyalty to the United States.^[1]

Pima County Superior Court seeking judges to fill two vacancies

Arizona: There are currently two vacancies on the Pima County Superior Court in Arizona. The Pima County Commission on Trial Court Appointments will be reviewing applicants to fill these positions, which were vacated by the retired John Kelly and Virginia Kelly, who was recently appointed to the Arizona Court of Appeals. The Commission will then make recommendations to Gov. Jan Brewer, who will appoint the new judges.^[1]

Judge appointed to Arizona Court of Appeals

Phoenix, Arizona: Pima County Superior Court Judge Virginia C. Kelly was appointed by Gov. Brewer to Division Two of the Arizona Court of Appeals on December 11, 2009. Kelly has judged in Pima County since 2002. She will be replacing John Pelander, who was appointed to the Arizona Supreme Court.^[1]

New presiding judge of Maricopa County Superior Court appointed

Arizona: Norman J. Davis was appointed presiding judge of the Maricopa County Superior Court on December 28, 2009, effective July 1, 2010. He has served on this court since 1995 and will replace Barbara Rodriguez Mundell, who plans to retire.^[1][2]

Criminal charges filed against Arizona chief superior court judge

Phoenix, AZ: Maricopa County Attorney Andrew Thomas filed criminal charges against Gary Donahoe, the Presiding Judge of the Criminal Court of the Maricopa County Superior Court.^[1], on Wednesday, December 9, 2009. In the criminal complaint, Donahoe is accused of three felony charges of hindering a prosecution, obstructing a criminal investigation and bribery. A week earlier, County Attorney Thomas also filed a suit in federal court that alleges racketeering and conspiracy among Maricopa County officials, private attorneys and judges; this federal lawsuit names Donahoe as a defendant.^[2]

The December 9 criminal charges relate to how a $340 million joint construction project of the Maricopa County Superior Court and Maricopa County government was handled. Two lawyers, Tom Irvine and Ed Novak, were hired to represent Maricopa County in a lawsuit about the court tower's construction. According to the criminal complaint, Donahoe had an attorney-client relationship with Irvine and Novak and, the complaint says, he failed to properly disclose that relationship.^[2]

The criminal complaint came in the midst of a long-standing controversy in Maricopa County. County Attorney Thomas and county sheriff Joe Arpaio stand on one side of this dispute. The other side includes Maricopa County Supervisors Don Stapley and Mary Rose Wilcox, and others. Thomas announced criminal indictments against Stapley and Wilcox in early December 2009, and appointed outside prosecutors to investigate allegations against Commissioner Stapley. The day that Thomas announced that he had filed a criminal complaint against Donahoe, Donahoe was scheduled to preside over a hearing on whether Thomas had the unilateral authority to choose those outside investigators, or whether the county commissioners had the right to become involved in their selection. That hearing was cancelled when the criminal charges against Donahoe were announced.^[2]

Barbara Rodriguez Mundell is the presiding judge of the Maricopa County Superior Court and also a defendant in the federal lawsuit filed by Thomas and Arpaio. She referred the Donahoe state criminal complaint to the Arizona Supreme Court, where Rebecca White Berch referred the case to William J. O'Neil of the Pinal County Superior Court.^[2]

James Belanger, a Phoenix defense attorney, said that the filing by Thomas of criminal charges against Donahoe was unprecedented and "...in my opinion, an abuse of process."^[2]

Justice appointed to the Arizona Supreme Court

Arizona: The newest appointee to the Arizona Supreme Court is John Pelander, formerly of the Arizona Court of Appeals. Pelander was appointed by Republican Governor Jan Brewer. He was recommended to the Governor as one of three candidates vetted by the Arizona Commission on Appellate Court Appointments.

Brewer stated, "It is my privilege today to appoint long-time Tucson attorney and judge, John Pelander, to serve as the newest Justice of the Arizona Supreme Court. He has served with distinction throughout his professional career and will make an excellent addition to our already outstanding Supreme Court". ^{[1] [2]}

Pelander has been "described by judges and attorneys alike as an open-minded conservative who places the law above ideology". ^[3]

Supreme Court announces new leadership

Arizona: The Arizona Supreme Court announced that Vice Chief Justice Rebecca White Berch has been elected to serve a five-year term as Chief Justice and Justice Andrew Hurwitz was elected to serve as Vice Chief Justice of the court. Both positions became effective on July 1, 2009 following the retirement of current Chief Justice Ruth McGregor.

Former Chief Justice McGregor remarked that, "I am pleased to be leaving the leadership of the Arizona Judicial Branch in the capable hands of Justices Berch and Hurwitz. I know that they, and the rest of the Court, will continue to move the court system forward." ^[1]

Republican lawmakers blast State Bar in support of Thomas

(6/2/08) Fifteen Republican lawmakers have jumped to the defense of Maricopa County Attorney Andrew Thomas, issuing a statement critical of the State Bar of Arizona's investigations into Thomas' conduct -- a "witch hunt" which could ultimately strip Thomas of his law license and force him out of office.

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