How Gov. Katie Hobbs could reshape the Arizona Supreme Court

This is the second part of a two-part story that began April 26 with speculation around Arizona Supreme Court Justice Clint Bolick potentially retiring from the bench before facing retention in November and a mandatory retirement in 2027. Read that story here.

Governor Katie Hobbs is already strategizing her future appointments to the Arizona Supreme Court. Regardless of the outcomes this year, if she secures re-election in 2026, she will make at least two appointments.

As discussed recently, one appointment could happen imminently, and here’s an overview of the process:

1. Vacancy Announcement and Application: Once a vacancy is announced or pending, applications will open for the appointment.
2. Commission on Appellate Court Appointments: This commission comprises 15 members, including the current chief justice who acts as chairman. Of these, 10 are non-attorneys and five are attorneys. Specific guidelines ensure diversity in representation:
   • No more than two members can be from the same county.
   • Political party affiliation should be balanced within the commission.
   • Similar balance applies to non-attorney and attorney members.
3. Selection Process:
   • The Commission reviews all applications and solicits public input.
   • Meetings are held to shortlist candidates for interviews.
   • Finalists are interviewed, and the Commission sends at least three names to the governor for consideration, with restrictions on political party affiliation.
4. Governor’s Appointment: The governor interviews the finalists and makes the appointment.

Republican Governor Doug Ducey initiated the process of appointing Republicans and political allies to the Commission early in his tenure, ensuring a conservative-leaning court. He appointed Clint Bolick the following year, expanded the court — controversially and against the court’s wishes — that same year, and made two additional appointments with Republicans Andy Gould and John Lopez. He then appointed three more justices throughout the remainder of his tenure including the time when he infamously replaced all Democrats on the Commission to ensure an appointment of former Maricopa County Attorney Bill Montgomery in 2019. He also appointed James Beene and Kathryn King, both Republicans, with the latter being Ducey’s former staffer.

Similarly, Governor Hobbs began appointing members to the Commission early in her term, aiming for a more progressive court.

As of March, the Commission comprises six Democrats, four Republicans, three independents, and two vacancies. Governor Hobbs has appointed four Democrats so far.

In total, nearly 30 people applied, according to public records I received.

I put together the data in the table above to breakdown who applied, what county they reside, their ethnicity, and whether they are an attorney.

• 28 people applied as of this request3
• Only nine were non-attorney applicants
• Five are Republican, three independent, and the rest Democrats
• Fun fact: one of the Republicans is David Derickson who contributed $500 to Hobbs’ gubernatorial campaign in 2022. She did not appoint him.
• Hobbs instead appointed Democrat Carrie Rednour to the Pima County Court Commission instead of the appellate court commission.

Emulating Ducey's strategy of appointing party loyalists to the commission can be viewed as a strategic move to influence the court's decisions in line with the governor's political stance. However, it's essential to recognize that dedicated judges and justices prioritize impartiality, ensuring that politics don't overshadow their judicial responsibilities. Nonetheless, there's a risk of the appointment process being politicized by others — like state lawmakers.

As of January 31, Hobbs has appointed 14 judges; 11 of whom are women and 9 of the 14 are Democrats. In eight years, Ducey appointed 26 Democrats, so Hobbs is already at a third of that total in just a single year.

It's highly likely that Hobbs will appoint at least one Democrat to the Supreme Court, with Appellate Court Judge Maria Elena Cruz being a potential favorite.

Here is who Hobbs appointed to the commission so far. (Their applications will be linked to their named for viewing.)

1. April Hiosik Ignacio from Pima County on July 31, 2023
2. Gladys Anaya from Yuma County on July 31, 2023
3. Daniel Adelman an attorney from Maricopa County on May 12, 2023
4. Karen Smith an attorney from Maricopa County on May 12, 2023

There are currently five members of the commission whose terms have since expired and two current vacancies, so it’s possible Hobbs will restructure the Commission to her preference, but the timing could depend on the outcome of upcoming elections.

If Democrats take over the Senate, they can push through confirming her appointments.

You can see all the applicants here, including a former candidate for the State Senate, an attorney who notoriously files Bar complaints against Republican election attorneys, a former superior court judge, and others.

This article was originally published in Fourth Estate 48, a newsletter dedicated to government accountability in Arizona through public records.