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Arizona Court of Appeals

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Seal of the Arizona Court of Appeals

The Arizona Court of Appeals was established in 1965 and is the intermediate appellate court for the state. It is divided into two divisions, with a total of 22 judges on the court. There are 16 judges for Division One, based in Phoenix, and six for Division Two, based in Tucson.[1][2]

The court decides the cases that come before it in panels of three judges. These panels are called departments. Each three-judge department has a presiding judge who is elected by the three judges of that department. The court hears appeals of civil and criminal cases from the superior courts, except when a death sentence has been imposed. If the superior court imposes a death sentence, the case is always appealed to the Arizona Supreme Court. The court of appeals reviews cases involving juveniles and domestic relations, workers' compensation and unemployment benefits, taxes and some corporation decisions. Finally, it may decide "petitions for special action", or petitions for special writs such as certiorari, mandamus and prohibition.[3]

When litigants disagree with a ruling of this court, they can file an appeal with the Arizona Supreme Court.[4]

 
Arizona Court of Appeals
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   22
Founded:   1965
Salary:  Associates: $190,000[5]
Judicial selection
Method:   Assisted appointment
Term:   6 years

Judges

Judge Tenure Appointed By

Randall M. Howe

2012 - Present

Janice Kay Brewer

James Morse

September 29, 2017 - Present

Doug Ducey

Jennifer Perkins

September 29, 2017 - Present

Doug Ducey

Paul McMurdie

October 17, 2016 - Present

Doug Ducey

Samuel A. Thumma

2012 - Present

Janice Kay Brewer

David Weinzweig

2018 - Present

Doug Ducey

David Gass

2019 - Present

Doug Ducey

Cynthia Bailey

April 24, 2020 - Present

Doug Ducey

Kent Ernest Cattani

February 8, 2013 - Present

Janice Kay Brewer

Andrew Jacobs

March 1, 2023 - Present

Katie Hobbs

Daniel Kiley

January 18, 2023 - Present

Doug Ducey

Peter Eckerstrom

2003 - Present

Janet Napolitano

Sean Earl Brearcliffe

2017 - Present

Doug Ducey

Lacey Gard

December 29, 2022 - Present

Doug Ducey

Jeffrey Sklar

January 2, 2023 - Present

Doug Ducey

Christopher P. Staring

October 20, 2015 - Present

Doug Ducey

Jennifer B. Campbell

April 12, 2017 - Present

Doug Ducey

Michael J. Brown

2007 - Present

Janet Napolitano

D. Steven Williams

November 1, 2019 - Present

Doug Ducey

Angela Paton

October 26, 2021 - Present

Doug Ducey

Anni Hill Foster

January 18, 2023 - Present

Doug Ducey

Michael Catlett

January 18, 2023 - Present

Doug Ducey

Brian Furuya

December 30, 2020 - Present

Doug Ducey

Garye Vasquez

2006 - Present

Janet Napolitano

Karl Eppich

2017 - Present

Doug Ducey

Christopher O’Neil

January 18, 2023 - Present

Doug Ducey

Michael Kelly

January 18, 2023 - Present

Doug Ducey

Judicial selection

See also Judicial selection in Arizona

The 22 judges of the Arizona Court of Appeals are appointed by the governor from a list of names compiled by the Arizona Commission on Appellate Court Appointments. The commission is composed of 16 members who serve staggered four-year terms. The membership includes 10 non-attorneys, five attorneys, and the chief justice of the supreme court, who chairs the commission.[6]

The initial term of a new judge is at least two years, after which the judge stands for retention in an uncontested yes-no election. Subsequent terms last six years.[7] For more information on these retention elections, visit the Arizona judicial elections page.

The court of appeals is divided into two divisions. Sixteen judges are in Division One and are based in Phoenix, Arizona. The other six judges are in Division Two and are based in Tucson, Arizona.[8]

Qualifications

To serve on this court, a judge must be:

  • a state resident;
  • licensed to practice law in Arizona for at least five years;
  • of good moral character; and,
  • at least 30 years old and under the age of 70 (retirement by 70 is mandatory).[8]

Chief judge

The chief judge of each division is selected by a peer vote. He or she serves in that capacity for one year.[9]

Vacancies

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. Potential judges submit applications to the Arizona Commission on Appellate Court Appointments, and once the commission has chosen a slate of nominees, the governor picks one from that list. After occupying the seat for two years, the newly appointed judge stands for retention in the next general election. The judge then serves a full six-year term if he or she is retained by voters.[10]

Salary

In 2024, the associate judges of the court received a salary of $190,000, according to the National Center for State Courts.[11]

Elections

2024

See also: Arizona intermediate appellate court elections, 2024

Candidates and results

Division I

Arizona Court of Appeals Division I - Retention elections (November 5, 2024)

  • Incumbents are marked with an (i) after their name.
Office Candidates
Division One Green check mark transparent.pngAngela Paton (i)
Division One Green check mark transparent.pngBrian Furuya (i)

Divsion II

Arizona Court of Appeals Division II - Retention elections (November 5, 2024)

  • Incumbents are marked with an (i) after their name.
Office Candidates
Division Two Green check mark transparent.pngChristopher P. Staring (i)
Division Two Green check mark transparent.pngPeter Eckerstrom (i)

2022

See also: Arizona intermediate appellate court elections, 2022

Candidates and results

Arizona Court of Appeals - Retention elections (November 8, 2022)

  • Incumbents are marked with an (i) after their name.
Office Candidates
Division One Green check mark transparent.pngMichael J. Brown (i)
Division One Green check mark transparent.pngD. Steven Williams (i)
Division One Green check mark transparent.pngCynthia Bailey (i)
Division One Green check mark transparent.pngKent Ernest Cattani (i)
Division One Green check mark transparent.pngDavid Gass (i)

2020

See also: Arizona intermediate appellate court elections, 2020

Candidates and results

Division One

Arizona Court of Appeals Division One - Retention elections (November 3, 2020)

  • Incumbents are marked with an (i) after their name.
Office Candidates
Division One Green check mark transparent.pngJennifer B. Campbell (i)
Division One Green check mark transparent.pngMaria Elena Cruz (i)
Division One Green check mark transparent.pngRandall M. Howe (i)
Division One Green check mark transparent.pngPaul McMurdie (i)
Division One Green check mark transparent.pngJames Morse (i)
Division One Green check mark transparent.pngJennifer Perkins (i)
Division One Green check mark transparent.pngSamuel A. Thumma (i)
Division One Green check mark transparent.pngDavid Weinzweig (i)

Division Two

Arizona Court of Appeals Division Two - Retention elections (November 3, 2020)

  • Incumbents are marked with an (i) after their name.
Office Candidates
Division Two Green check mark transparent.pngKarl Eppich (i)
Division Two Green check mark transparent.pngGarye Vasquez (i)
Division Two Green check mark transparent.pngSean Earl Brearcliffe (i)

2018

See also: Arizona judicial elections, 2018

Candidates and results

Division One

Arizona Court of Appeals Division One 2018 Retention election

  • Incumbents are marked with an (i) after their name.
Office Candidates
Division One Green check mark transparent.pngPeter Swann (i)
Division Two

Arizona Court of Appeals Division Two 2018 Retention election

  • Incumbents are marked with an (i) after their name.
Office Candidates
Division Two Green check mark transparent.pngChristopher P. Staring (i)
Division Two Green check mark transparent.pngPeter Eckerstrom (i)
Division Two Green check mark transparent.pngPhilip Espinosa (i)

2016

Judges who faced retention

■ Jon Thompson Green check mark transparent.png
■ Kent Cattani Green check mark transparent.png
■ Lawrence Winthrop Green check mark transparent.png
■ Michael J. Brown Green check mark transparent.png
■ Kenton Jones Green check mark transparent.png
■ Michael O. Miller Green check mark transparent.png

Election results

November 8 general election

Jon Thompson was retained in the Arizona Court of Appeals, Thompson's seat election with 79.02% of the vote.

Arizona Court of Appeals, Thompson's seat, 2016
Name Yes votes
Green check mark transparent.pngJon Thompson79.02%
Source: Arizona Secretary of State

Kent Cattani was retained in the Arizona Court of Appeals, Cattani's seat election with 72.06% of the vote.

Arizona Court of Appeals, Cattani's seat, 2016
Name Yes votes
Green check mark transparent.pngKent Cattani72.06%
Source: Arizona Secretary of State

Lawrence Winthrop was retained in the Arizona Court of Appeals, Winthrop's seat election with 72.53% of the vote.

Arizona Court of Appeals, Winthrop's seat, 2016
Name Yes votes
Green check mark transparent.pngLawrence Winthrop72.53%
Source: Arizona Secretary of State

Michael J. Brown was retained in the Arizona Court of Appeals, Brown's seat election with 79.24% of the vote.

Arizona Court of Appeals, Brown's seat, 2016
Name Yes votes
Green check mark transparent.pngMichael J. Brown79.24%
Source: Arizona Secretary of State

Kenton Jones was retained in the Arizona Court of Appeals, Jones' seat election with 79.27% of the vote.

Arizona Court of Appeals, Jones' seat, 2016
Name Yes votes
Green check mark transparent.pngKenton Jones79.27%
Source: Arizona Secretary of State

Michael O. Miller was retained in the Arizona Court of Appeals, Miller's seat election with 78.18% of the vote.

Arizona Court of Appeals, Miller's seat, 2016
Name Yes votes
Green check mark transparent.pngMichael O. Miller78.18%
Source: Arizona Secretary of State

2014

Retention

JudgeElection Vote
Diane Johnsen66.7% Approved
Andrew W. Gould77.5% Approved
Randall M. Howe71.7% Approved
Samuel A. Thumma68.1% Approved
Patricia Orozco75.1% Approved
Garye Vasquez70.4% Approved

2012

JudgeIncumbencyRetention voteRetention Vote %
Donn Kessler   ApprovedYes477,97466.68%Approved
Joseph W. Howard   ApprovedYes121,06476.59%Approved
Margaret Downie   ApprovedYes512,26070.06%Approved
Maurice Portley   ApprovedYes452,94363.13%Approved
Patricia Norris   ApprovedYes507,55769.63%Approved
Peter Eckerstrom   ApprovedYes188,49572.78%Approved
Peter Swann   ApprovedYes463,78764.67%Approved
Philip Espinosa   ApprovedYes194,65375.64%Approved
Virginia C. Kelly   ApprovedYes199,86577.51%Approved

Ethics

The judges in Arizona must follow the state's judicial code of conduct. It has four canons.

“
  • Canon 1 - A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.
  • Canon 2 - A judge shall perform the duties of judicial office impartially, competently, and diligently.
  • Canon 3 - A judge shall conduct the judge’s extrajudicial activities so as to minimize the risk of conflict with the obligations of judicial office.
  • Canon 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.[12]
 ”
—Arizona judiciary[13]

Removal of judges

In Arizona, there are three ways to remove a judge from the bench.

Arizona Commission on Judicial Conduct

This commission receives and investigates complaints of judicial misconduct or wrongdoing. It then makes a recommendation, if appropriate, to the Supreme Court on discipline for the judge. The commission also answers ethical questions as they arise from judges and their staff.[15]

*For a more detailed look at this commission, please see the Commission on Judicial Conduct page.

Noteworthy cases

  • Arizona Court of Appeals rules marijuana users can get DUI even if not impaired (2013)
     Judge(s):Michael J. Brown (State ex rel. Montgomery v. Harris, No. 1 CA–SA 12–0211)
Click for summary→

The Arizona Court of Appeals' ruling on February 13, 2013, focused on two chemical compounds found in blood and urine of marijuana users. One compound impairs a driver's senses, while the second compound does not. The second compound, while not impairing the user, still stays in a person's system up to weeks after smoking and is detectable in a blood/urine test. The court of appeals ruled that Arizona law applies to both chemical compounds and that a person can be prosecuted for driving under the influence if marijuana is detectable in their system, even if the person is not actually impaired.

This decision overturned the lower court's ruling that prosecuting someone for being under the influence when there was no evidence of impairment was senseless.[16] The Arizona Supreme Court reviewed the court of appeals' decision and affirmed it in an opinion issued April 22, 2014.[17]

  • Court orders sheriff to return confiscated marijuana (2013)
     Judge(s):Diane Johnsen (State v. Okun, No. 1 CA–CV 12–0094)
Click for summary→

Marijuana confiscated from a California woman was returned after the Arizona Court of Appeals affirmed an earlier ruling by a superior court.[18][19]

The marijuana was confiscated at a border checkpoint and the woman was cited for violating Arizona's drug laws. Those charges were dropped after she presented proof of her authorization to use and possess medical marijuana in California, and under Arizona’s 2010 voter-approved medical marijuana law, she was permitted to possess two and a half ounces as a visitor in Arizona. The Yuma County Superior Court ordered the medical marijuana returned, but the sheriff argued that doing so would violate federal drug distribution laws.[18][19]

Affirming the superior court's decision, the Arizona Court of Appeals ordered that the marijuana be returned because it should never have been confiscated. The court also stated that "the Sheriff is immune from prosecution under the federal law for acts taken in compliance with a court order."[18][19]

State profile

Demographic data for Arizona
 ArizonaU.S.
Total population:6,817,565316,515,021
Land area (sq mi):113,5943,531,905
Race and ethnicity**
White:78.4%73.6%
Black/African American:4.2%12.6%
Asian:3%5.1%
Native American:4.4%0.8%
Pacific Islander:0.2%0.2%
Two or more:3.2%3%
Hispanic/Latino:30.3%17.1%
Education
High school graduation rate:86%86.7%
College graduation rate:27.5%29.8%
Income
Median household income:$50,255$53,889
Persons below poverty level:21.2%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Arizona.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Arizona

Arizona voted Republican in six out of the seven presidential elections between 2000 and 2024.

More Arizona coverage on Ballotpedia

See also

Arizona Judicial Selection More Courts

Seal of Arizona.png

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Courts in Arizona Arizona Court of Appeals Arizona Supreme Court Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Arizona Federal courts State courts Local courts

External links

Footnotes

  1. ↑ Arizona Courts, "Court of Appeals," accessed May 8, 2015
  2. ↑ Arizona Court of Appeals Division Two, "Court Information," accessed September 22, 2015
  3. ↑ Arizona Secretary of State, "Court of Appeals," accessed February 12, 2015
  4. ↑ Azcourts.gov, "Court of Appeals," accessed July 7, 2014
  5. ↑ The salary of the chief judge may be higher than an associate judge.
  6. ↑ Arizona Judicial Branch, "Article 6, Section 36: Commission on appellate court appointments and terms, appointments and vacancies on commission," accessed March 24, 2023
  7. ↑ Arizona Judicial Branch, "Article 6, Section 37: Judicial vacancies and appointments; initial terms; residence; age," accessed March 24, 2023
  8. ↑ 8.0 8.1 Arizona Judicial Branch, "Court of Appeals," accessed March 24, 2023
  9. ↑ Arizona State Legislature, "12-120.04. Chief judge; duties," accessed March 24, 2023
  10. ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
  11. ↑ National Center for State Courts, "2024 Salaries and Rankings," accessed October 7, 2024
  12. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  13. ↑ Arizona Courts, "Arizona Code of Judicial Conduct (2014)," accessed July 18, 2023
  14. ↑ National Center for State Courts, "Removal of Judges in Alabama," accessed May 8, 2015
  15. ↑ Arizona Courts, "Arizona Commission on Judicial Conduct," accessed May 8, 2015
  16. ↑ AZ Central.com, "Arizona court ruling upholds DUI test for marijuana," February 13, 2013
  17. ↑ Findlaw.com, "State Montgomery v. Harris," April 22, 2014
  18. ↑ 18.0 18.1 18.2 The Daily Chronic, "Arizona court orders sheriff to return medical marijuana to California woman," January 12, 2013
  19. ↑ 19.0 19.1 19.2 The Republic, "Ariz. court orders county sheriff to return pot to California woman," January 10, 2013

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Arizona Court of Appeals
Judicial selection in Arizona • 2024 elections • Arizona Supreme Court
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Former Rebecca White Berch  •  Andrew Hurwitz  •  Michael D. Ryan (Arizona)  •  Ann Timmer  •  Patrick Irvine  •  Daniel Barker  •  Patricia Norris  •  Donn Kessler  •  Joseph W. Howard  •  Philip Espinosa  •  Lawrence Winthrop  •  Margaret Downie  •  John Pelander  •  Sheldon Weisberg  •  Patricia Orozco  •  Philip Hall  •  Jon Thompson  •  Diane Johnsen  •  John Gemmill  •  Peter Swann  •  Maurice Portley  •  John Roll  •  James Beene  •  Michael O. Miller  •  Kenton Jones  •  Andrew W. Gould  •  Thomas Kleinschmidt  •  William Brammer  •