Article Summary –
Arizona’s Supreme Court may face a vacancy with speculation that Chief Justice Robert Brutinel could retire after his five-year term. Staying on after a five-year term as Chief Justice is not common, and Brutinel has ceased accepting clerk applications which could hint at an impending retirement. Justice Clint Bolick, a controversial figure who is up for a retention vote in November, also remains a point of interest as there is speculation about whether he will retire before reaching the mandatory retirement age of 70 in 2027.
After its 4-2 decision on Arizona’s territorial abortion law, a potential vacancy may arise in the Arizona Supreme Court before the end of 2024.
Now, let’s explore the potential developments if another vacancy emerges:
Chief Justice Retirement?
Rumors circulate about a potential retirement of Chief Justice Robert Brutinel, a Republican appointed by Gov. Jan Brewer, following his five-year term. This is a conventional practice, previously exemplified when the last Democratic Justice, Scott Bales, retired in 2019 after his five-year term. His replacement, Republican Justice Bill Montgomery, was contentious.
Brutinel’s term as chief justice ended June 30, but his supreme court term doesn’t expire until 2027. Hence, signs suggest Brutinel may continue his tenure at least through 2024, despite his 2023 statement to The Arizona Republic about likely retirement around 2025.
Only two of Arizona’s past seven chief justices have served on the court beyond the five-year term as a chief justice.
Justice Staffing
A deciding factor for potential retirement is whether justices hire law clerks for their concluding year. Brutinel has employed clerks for this year but hasn’t yet decided on hiring clerks for next year. This decision is pending for both Brutinel and Justice Clint Bolick, a right-leaning independent.
A review of internet archives shows that Bolick interviewed clerks for this term, but his website currently indicates he isn’t conducting interviews.
Retention or Retirement?
Given the upcoming retention vote in November, there’s speculation about Bolick’s tenure, who has been a controversial figure since his 2016 appointment. If Bolick retires before the ballot printing deadline, he won’t face a removal vote, won’t appear on the ballot, and his successor’s appointment process will be initiated.
If Bolick remains on the bench throughout the year and faces another retention vote, he could either be removed by voters or retain his position until reaching the mandatory retirement age of 70 in 2027. In that case, the winner of the 2026 gubernatorial election will have the chance to appoint a new justice to the supreme court.
Voters might also need to decide on repealing retention elections, making appointments similar to lifetime appointments as in the U.S. Supreme Court.
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