Justia Arizona Supreme Court Opinion Summaries
Articles Posted in Constitutional Law
Adams v. Comm’n on Appellate Court Appointments
The Arizona Constitution requires that a five-member Independent Redistricting Commission (IRC) draw boundaries for congressional and state legislative districts after every decennial census. According to Ariz. Const. art. 4, pt. 2, section 1(3), during the three years preceding appointment, members of the IRC shall not have been appointed to, elected to, or a candidate for any other public office. In 2010, the Appointment Commission selected twenty-five nominees for the IRC, including a chief judge for two state tribal courts and directors of irrigation districts. Petitioners Kirk Adams, speaker of the House of Representatives, and Russell Pearce, president of the Senate, asked the Commission to reconsider, arguing that the three contested nominees were ineligible because they held public office. The Commission declined to change its selections, and Petitioners filed a petition for special action with the Supreme Court. The Court (1) denied relief as to the tribal judge because a tribal judge is not a public office for purposes of section 1(3); (2) granted relief as to the irrigation district board members because an irrigation district director holds a public office for purposes of section 1(3); and (3) ordered the Commission to identify two alternative nominees. View "Adams v. Comm'n on Appellate Court Appointments" on Justia Law
Posted in:
Constitutional Law
State v. Styers
A jury found James Styers guilty of the 1989 murder, conspiracy to commit first degree murder, kidnapping, and child abuse of a four-year-old. After finding three aggravating factors and no mitigating circumstances, the trial judge sentenced Styers to death. The Supreme Court affirmed the sentence. Styers then filed a habeas corpus petition, which the district court denied. The court of appeals reversed and granted relief, finding that in independently reviewing Styers' death sentence, the Supreme Court erroneously refused to consider as a mitigating circumstance the PTSD Styers suffered from as a result of military service in Vietnam. The Supreme Court granted the state's request to conduct a new independent review. On review, the Court affirmed Styers' sentence, holding that Styers' PTSD, in combination with all other mitigating evidence previously considered by the Court, was not sufficient to warrant leniency in light of the aggravating factors proven in this case. View "State v. Styers" on Justia Law
Home v. Rothschild
Plaintiff Marshall Home brought an action in superior court to disqualify Jonathan Rothschild as a Democratic candidate for mayor of the city of Tuscon, arguing that Rothschild was ineligible to serve as mayor because he was a member of the state bar of Arizona and, thus, was also automatically a member of the judiciary. Therefore, Home argued that Rothschild should be disqualified from non-judicial office by the separation of powers doctrine in the Arizona Constitution. The superior court dismissed Home's complaint, finding Home's argument "spurious." On appeal, the Supreme Court affirmed, holding there is no incompatibility between the private practice of law and serving as the mayor of a municipality. The Court also found Home's appeal frivolous and awarded defendants attorney fees and costs. View "Home v. Rothschild" on Justia Law
Posted in:
Constitutional Law, Election Law