Arizona Supreme Court justice Robert Brutinel to retire

Robert Brutinel (Courtesy: Arizona Judicial Branch)

One of the justices of the Arizona Supreme Court has decided to step down from the bench.

In a brief reply to our inquiry on the matter, a spokesperson for the court confirmed that Robert Brutinel will retire on Oct. 31.

In a letter addressed to Gov. Katie Hobbs, Brutinel said the decision to leave the court has not been easy.

"Working in Arizona's courts for the past 28 years has been a tremendous privilege," Brutinel wrote. "It has been the greatest honor of my career to serve as Chief Justice, to participate in the administration and improvement of Arizona's acourtsnd to work withg the outstanding judges and staff across our great State, particularly our Presiding Judges." 

Per his bio on the Arizona Judicial Branch's website, Brutinel was appointed to the Arizona Supreme Court in 2010, and was elected as its Vice Chief Justice in 2018. In 2019, he became the court's Chief Justice until July 2024, when Ann A. Scott Timmer took over as Chief Justice. An Associated Press article published in October 2020 identified Brutinel as a Republican.

Prior to his time at the Arizona Supreme Court, Brutinel was the presiding judge for the Yavapai County Superior Court.

Who will select Brutinel's replacement?

The Arizona State Constitution lists the method that must be followed to select a person to fill a state supreme court vacancy.

Per the relevant section, a commission will, within 60 days of the vacancy occurring, submit at least three people's names to the governor for consideration. No more than two of those people are to be from the same political party, and the governor is required to fill the vacancy by appointment, "without regard to political affiliation from one of the nominees whose names shall be submitted to him as hereinabove provided."

"In making the appointment, the governor shall consider the diversity of the state's population for an appellate court appointment and the diversity of the county's population for a trial court appointment, however the primary consideration shall be merit," read a portion of Article 6, Section 37 of the Arizona State Constitution.

If a selection is not made within 60 days after the names were submitted to the governor, the Arizona Supreme Court Chief Justice will name a replacement. If the names are not provided within 60 days, the governor has the power to "appoint any qualified person to fill such vacancy at any time thereafter prior to the time the names of the nominees to fill such vacancy are submitted to the governor."