By Howard Fisher
Capitol Media Services
Phoenix – A special panel will give Gov. Katie Hobbs five options, from which he must choose the next justice of the Arizona Supreme Court.
The list, approved late Monday by the Court of Appeals’ Appointments Committee, includes three Democrats, like the governor, and two political independents.
That particular mix is not uncommon. In fact, it is mandatory by the Arizona Constitution, requiring the committee to provide a politically diverse list.
In short, you can’t do less than 60% from the same party. Therefore, for the committee to send three Democrats to choose Hobbs, it also had to give her the names of two independents.
Hobbs is free to choose who she wants, but the committee clearly has a favorite. I am Maria Elena Cruz, currently a judge of the state court of appeals.
The Yuma Democrats have previously served as judges for the Cocopine Indians and the Yuma County Superior Court. She was one of the only applicants to win unanimous support from the 15 commissioners who voted for. The panel chairperson, Supreme Court Justice Anne Scott Timmer, chose to abstain in all cases.
Hobbs is legally required from the list of candidates, but the level of support from the panel is not necessary to consider. But Cruz also brings something that the governor can think is important. She identifies as a black Latina, bringing some additional diversity to the state’s high courts.
The woman was in court for decades. However, until the time’s Gov appeared in 2016, there were no Hispanics in the courts. Doug Ducey appointed John Lopez to court.
But there were no African Americans.
Nicole Davis, deputy director of the Department of Economic Security and legal counsel for the agency, won 13 votes.
Before that, the politically independent Davis, a black woman, won 13 votes. Before working at DES, she was the assistant general advisor to the state’s Medicaid program, Arizona Healthcare Cost Containment System. And among her other professional experiences, she served as Associate General Counsel for Janet Napolitano when she was governor.
Also on the list is Andrew Jacobs, a Democrat like Cruz. Most of his experience before attending court was in private practice at a law firm in Phoenix.
He won 12 votes.
The 14 votes were Tucson city principal’s lawyer Regina Nussen. Initially politically independent, she registered as a Democrat for 14 years before becoming independent again in 2014.
A white woman, she previously worked at the Pima County Law Office. Nassen also has personal practice experience.
This list is written by Democrat State Attorney General Alexander Samuels. Samuels, a white man, previously worked as an assistant attorney in the US.
Hobbes will spend 60 days choosing her to replace Republican Judge Robert Bruttinel. And her choice is final.
This is a different process from the federal level where the president chooses who needs it, and the only barrier is getting confirmation from the Senate. Here, there is no requirement for Senate confirmation, as the governor is restricted to select from a list of candidates.
Anyone Hobbes chose will be the first choice by a Democratic governor in nearly 20 years. It was for Scott Bale, who served until 2019.
All those currently in the court were named by either Jan Brewer or Ducey. Both are Republicans. And each chose only Republicans, except for the choice of Clint Borrick’s Ducey, who was registered as political independence when he was nominated.
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