Arizona Supreme Court Justice Robert Brutinel has revealed his decision to retire this autumn, presenting Democratic Governor Katie Hobbs with a unique opportunity to appoint a new justice to the predominantly Republican court. After over 40 years as a lawyer and judge in Arizona, Brutinel will officially step down on October 31. His tenure on the court began in 2009 when he was selected by former Republican Governor Jan Brewer, and he held the position of chief justice from 2019 to 2024.
In a statement accompanying his retirement announcement released on Tuesday, Brutinel expressed pride in his service on the courts and optimism for the future of the judicial system, affirming his belief that the courts are in capable hands. The Arizona high court expanded from five to seven members in 2016, with all appointments being made by Republican governors, except for one who is registered as an independent. Recently, the court attracted attention for its ruling on a significant abortion case, where an 1864 near-total abortion ban was reinstated. Brutinel and another justice dissented in this ruling.
Following swift action by state legislators to revoke the ban, Governor Hobbs endorsed the bill, leading to the official removal of the ban earlier in the current month. The requirements for replacing Justice Brutinel involve the Commission on Appellate Court Appointments presenting Governor Hobbs with a list of potential candidates by the end of the year. Once presented with the list, the governor will have 60 days to make her selection, as per Hobbs’ spokesperson Christian Slater.
In the wake of Justice Brutinel’s impending retirement, the Arizona Supreme Court will soon undergo a transition. This change presents an opportunity for Governor Hobbs to influence the ideological composition of the court and shape its future decisions. The forthcoming selection process will be closely watched as it unfolds in the coming months, with much speculation regarding the potential impact of a new justice on the court’s dynamics and rulings. The retirement of Justice Brutinel marks the end of an era and the beginning of a new chapter in the Arizona judiciary.