Gov. Katie Hobbs (D-AZ) will get her first Supreme Court appointment since becoming governor after a justice announced his retirement.
Justice Robert Brutinel, whom then-Gov. Jan Brewer appointed in 2010, sent a letter to Hobbs on Tuesday saying he will retire from the state’s high court on Oct. 31. Arizona law requires justices to retire at age 70, and Brutinel is 66.
“Working in Arizona’s courts for the past 28 years has been a tremendous privilege,” Brutinel wrote. “Arizona’s judicial system, at all levels, enjoys a reputation both nationally and internationally of excellence and innovation. I cannot adequately express how thankful I am for the opportunity to have served as part of Arizona’s judiciary.”
In his letter, Brutinel said he believes in the rule of law and noted that everyone is equal before the law.
“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,” Brutinel wrote. “The future of our courts is bright.”
All seven judges on the court were appointed by Republican governors, meaning the court is entirely conservative-leaning. One justice is a registered Independent, however. Arizona had two Republican governors from 2009 to 2023. Former Gov. Doug Ducey expanded the court from five to seven seats in 2016.
Hobbs, who was elected in 2022, is the first Democratic governor to have the opportunity to appoint a justice to the Arizona Supreme Court in 15 years. Former Justice Scott Bales, appointed by then-Gov. Janet Napolitano in 2005, was the last Democratic-appointed justice. Bales retired in 2019.
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Hobbs has 60 days from the date of vacancy to find an appointment to replace Brutinel. The 16-member Commission on Appellate Court Appointments will work to recommend possible replacements for Brutinel. Arizona is one of 10 states that select justices through an assisted appointment with a governor-controlled judicial nominating commission.
In his letter to Hobbs, Brutinel concluded, “Finally, I wish you all the best in your service as governor and in the important task of appointing the next justice.”
