Arizona Court of Appeals

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 28 judges on the court. There are 19 judges for Division One, based in Phoenix, and nine for Division Two, based in Tucson.

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.

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

 

Arizona Court of Appeals
Court information
Judges:	22
Founded:	1965
Salary:	Associates: $190,000
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
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 28 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.

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. For more information on these retention elections, visit the Arizona judicial elections page.

The court of appeals is divided into two divisions. Nineteen judges are in Division One and are based in Phoenix, Arizona. The other nine judges are in Division Two and are based in Tucson, Arizona.

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).

Chief judge

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

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.

Salary

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

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	Angela Paton (i)
Division One	Brian 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	Christopher P. Staring (i)
Division Two	Peter 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	Michael J. Brown (i)
Division One	D. Steven Williams (i)
Division One	Cynthia Bailey (i)
Division One	Kent Ernest Cattani (i)
Division One	David 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	Jennifer B. Campbell (i)
Division One	Maria Elena Cruz (i)
Division One	Randall M. Howe (i)
Division One	Paul McMurdie (i)
Division One	James Morse (i)
Division One	Jennifer Perkins (i)
Division One	Samuel A. Thumma (i)
Division One	David 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	Karl Eppich (i)
Division Two	Garye Vasquez (i)
Division Two	Sean 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	Peter 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	Christopher P. Staring (i)
Division Two	Peter Eckerstrom (i)
Division Two	Philip Espinosa (i)

2016

Judges who faced retention

■ Jon Thompson
■ Kent Cattani
■ Lawrence Winthrop
■ Michael J. Brown
■ Kenton Jones
■ Michael O. Miller

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
Jon Thompson	79.02%
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
Kent Cattani	72.06%
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
Lawrence Winthrop	72.53%
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
Michael J. Brown	79.24%
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
Kenton Jones	79.27%
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
Michael O. Miller	78.18%
Source: Arizona Secretary of State

2014

Retention

Judge	Election Vote
JohnsenDiane Johnsen	66.7% A
GouldAndrew W. Gould	77.5% A
HoweRandall M. Howe	71.7% A
ThummaSamuel A. Thumma	68.1% A
OrozcoPatricia Orozco	75.1% A
VasquezGarye Vasquez	70.4% A

2012

Judge	Incumbency	Retention vote	Retention Vote %
KesslerDonn Kessler   A	Yes	477,974	66.68%A
HowardJoseph W. Howard   A	Yes	121,064	76.59%A
DownieMargaret Downie   A	Yes	512,260	70.06%A
PortleyMaurice Portley   A	Yes	452,943	63.13%A
NorrisPatricia Norris   A	Yes	507,557	69.63%A
EckerstromPeter Eckerstrom   A	Yes	188,495	72.78%A
SwannPeter Swann   A	Yes	463,787	64.67%A
EspinosaPhilip Espinosa   A	Yes	194,653	75.64%A
KellyVirginia C. Kelly   A	Yes	199,865	77.51%A

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.	”
—Arizona judiciary

Removal of judges

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

• Judges may be impeached by a majority vote of the Arizona House of Representatives. The judge must then be convicted by a two-thirds vote of the Arizona Senate.

• The Arizona Supreme Court may take action to censure, suspend, remove or forcibly retire a judge upon the recommendation of the Commission on Judicial Conduct.

• Finally, judges are always subject to recall.

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.

*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. The Arizona Supreme Court reviewed the court of appeals' decision and affirmed it in an opinion issued April 22, 2014.

• 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. 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. 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."

State profile

Demographic data for Arizona
	Arizona	U.S.
Total population:	6,817,565	316,515,021
Land area (sq mi):	113,594	3,531,905
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

• Elections in Arizona
• United States congressional delegations from Arizona
• Public policy in Arizona
• Endorsers in Arizona
• Arizona fact checks
• More...

See also

Arizona	Judicial Selection	More Courts
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

• Arizona Courts, "Court of Appeals, Division One"
• Arizona Courts, "Court of Appeals, Division Two"

Footnotes

Arizona courts

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Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Arizona • U.S. Bankruptcy Court: District of Arizona

State courts:

Arizona Supreme Court • Arizona Court of Appeals • Arizona Superior Court • Arizona Justice Courts • Arizona Municipal Courts

State resources:

Courts in Arizona • Arizona judicial elections • Judicial selection in Arizona