Cecily Zamora
The Arizona Supreme Court, established in 1912, is the state supreme court of Arizona, United States. It consists of a chief justice, a vice chief justice, and five associate justices. The chief justice is chosen for a five-year term by the court and is eligible for re-election. The chief justice and other judicial officers are responsible for administering the work in their division and ensuring the fair and impartial administration of justice. They apply the law rather than creating it and are independent of the government. The current chief justice of the Arizona Supreme Court is not known, but notable past chief justices include Lorna E. Lockwood, the first female chief justice in the United States, and Jack D. H. Hays.
| Characteristics | Values |
|---|---|
| Location | Arizona |
| Number of Justices | 7 |
| Court Started | 1912 with 3 justices |
| Jurisdiction | Prescribed by Article VI, Section 5 of the Arizona Constitution |
| Appeals | Heard by the Arizona Court of Appeals, except for death penalty cases |
| Chief Justice Term Length | 5 years, eligible for re-election |
| Vice Chief Justice Term Length | Determined by the court |
| Selection Process | Bipartisan commission sends list of nominees to governor for appointment |
| Retention Election | Every 6 years, justices must retire at age 70 |
| Role | Apply the law, supervise conduct of practitioners |
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What You'll Learn
Arizona Supreme Court justices and their selection process
The Arizona Supreme Court is the state supreme court of Arizona, sitting in the Supreme Court building in downtown Phoenix. It currently consists of a chief justice, a vice chief justice, and five associate justices, although the law requires that there always be at least five justices on the bench. The court was established in 1912 with three justices: Alfred Franklin, Donald L. Cunningham, and Henry D. Ross. It expanded to five justices in 1949 and to seven justices in 2016, a move that was criticized by some as court packing.
Justices are selected by a modified form of the Missouri Plan. A bipartisan commission considers applicants and sends a list of nominees to the governor, who is required by law to appoint justices from this list based on merit, without regard to party affiliation. Justices are retained for an initial period of at least two years, after which they are subject to a retention election. If they win this election, their term is six years. Justices must retire at age 70.
The chief justice is chosen by the court for a five-year term and is eligible for re-election. They are selected by a peer vote and are responsible for supervising the administration of all inferior courts. The vice chief justice, who acts as chief justice in the latter's "absence or incapacity," is also chosen by the court for a term determined by the court.
The Arizona Supreme Court has sole appellate jurisdiction over death penalty cases. A quorum is three, but the whole court must sit in order to declare a law unconstitutional.
Some notable Arizona Supreme Court justices include:
- Lorna E. Lockwood (first female chief justice in the United States)
- Jack D. H. Hays
- William A. Holohan
- Frank Gordon Jr.
- Stanley G. Feldman
- Thomas A. Zlaket
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The role of the Chief Justice
The Chief Justice of the United States is the highest-ranking officer of the U.S. federal judiciary and the chief judge of the Supreme Court of the United States. The Chief Justice is responsible for the administrative leadership of the entire federal judicial system and is the head of the federal judicial branch, overseeing 30,000 employees.
The Chief Justice's duties relating to the Court are outlined in the federal law, and include assigning Associate Justices to circuits and approving regulations for the protection of the Court building and grounds. The Chief Justice also has significant influence in selecting cases for review, presides when oral arguments are held, and leads the discussion of cases among the justices.
The Chief Justice is chosen for a five-year term by the court and is eligible for re-election. The salary of the Chief Justice is set by Congress and, as of 2024, the annual salary is $312,200, which is slightly higher than that of associate justices.
The Chief Justice also has several unique duties outside of their general responsibilities as a member of the Supreme Court. For example, by tradition, the Chief Justice administers the Oath of Office to the President and acts as a spokesperson for the federal government's judicial branch. The Chief Justice is also an ex officio member of the Board of Regents of the Smithsonian Institution and, by custom, is elected chancellor of the board.
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The Chief Justice's limitations
The Chief Justice of the United States is the highest-ranking officer of the federal judiciary and the chief judge of the Supreme Court of the United States. While the US Constitution does not explicitly establish an office of the Chief Justice, it does presuppose its existence in Article I, Section 3, Clause 6, which states that the Chief Justice shall preside over the impeachment trial of the President. This has occurred three times, for Andrew Johnson, Bill Clinton, and Donald Trump's first impeachment.
The Chief Justice is nominated by the President and confirmed by the US Senate, serving until they die, resign, retire, or are impeached and convicted. The Chief Justice has significant influence in selecting cases for review, presides over oral arguments, and leads discussions among the justices. They also traditionally administer the presidential oath of office to new US presidents, although this is not a constitutional requirement.
In the Arizona Supreme Court, the Chief Justice is chosen for a five-year term by the court and is eligible for re-election. The Arizona Constitution prescribes the court's jurisdiction, which includes sole appellate jurisdiction over death penalty cases and original jurisdiction in certain circumstances. The Chief Justice of the Arizona Supreme Court may not practice law while a member of the judiciary and may not hold any other political office or public employment. They must retire at age 70.
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Judicial officers and their independence
Judicial independence is the ability of courts and judges to perform their duties without influence or control by other actors, whether governmental or private. It is a safeguard for rights and privileges from a limited government, preventing executive and legislative encroachment upon those rights. It also serves as a foundation for the rule of law and democracy, which means that all authority and power must come from an ultimate source of law.
The independence of the judiciary is a principle that entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties involved are respected. This principle is protected by various laws and statutes, such as the Constitution, the State Courts Act, and the Supreme Court of Judicature Act. These laws outline specific procedures that must be followed before discussing the conduct of Supreme Court judges in Parliament and outline the process for their removal from office for misconduct. Additionally, they provide immunity from civil suits for judicial officers and prohibit them from hearing cases in which they have a personal interest.
The selection and appointment of judicial officers are also crucial to maintaining their independence. In Arizona, for example, the justices of the Arizona Supreme Court are selected by a modified form of the Missouri Plan. A bipartisan commission considers applicants and sends a list of nominees to the governor, who appoints from this list based on merit, regardless of party affiliation. The justices then stand for retention in an election two years after their appointment and then every six years until they reach the mandatory retirement age of 70.
Judicial independence can face threats from both the government and the public. For instance, if a ruler attempts to extend their term illegally, the court's independence is challenged. However, the court's independence is protected as long as it can rely on public support when ruling against the government. Similarly, when the court's decision goes against both the government and public opinion, the judiciary must demonstrate independence from both entities without the support of a powerful ally.
To protect judicial independence, strategies such as limiting government discretion over judicial salaries, imposing heavy restrictions on the removal of judges, and granting greater autonomy to individual judges through a decentralized organizational structure can be implemented.
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The Court's supervisory role
The Arizona Supreme Court is the state supreme court of Arizona, with its jurisdiction prescribed by Article VI, Section 5 of the Arizona Constitution. The court consists of a chief justice, a vice chief justice, and five associate justices. The justices are selected by a modified form of the Missouri Plan, where a bipartisan commission considers applicants and sends a list of nominees to the governor, who is required to appoint from this list based on merit without considering party affiliation. The chief justice is chosen for a five-year term by the court and is eligible for re-election.
The Supreme Court has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. This includes overseeing the application of the law in lower courts and federal administrative agencies. The Court can declare a law unconstitutional, but it depends on the executive branch to enforce its decisions.
The Arizona Supreme Court has sole appellate jurisdiction over death penalty cases and original jurisdiction in other circumstances outlined in the Arizona Constitution. A quorum of three justices is required for the court to operate, but the whole court must sit to declare a law unconstitutional. The Court's supervisory role, therefore, involves overseeing the correct application of the law in lower courts and administrative bodies, ensuring compliance with the Arizona Constitution, and providing a final level of appeal for certain cases.
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Frequently asked questions
I cannot find a reference to a 'common law chief supreme court justice' in AZ. However, the Arizona Supreme Court, which is the state supreme court of Arizona, does consist of a chief justice, a vice chief justice, and five associate justices.
The chief justice is chosen for a five-year term by the court and is eligible for re-election. The chief justice and the judges of the court have a general supervisory role in relation to the conduct of practitioners appearing before them, but they do not have any independent investigative powers.
The chief justice and the judges of the court cannot become involved in court proceedings other than the case they are hearing. They do not make the law, they apply it. They must also not hold any other political office or public employment.
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