Courts General Overview
Election disputes, including those arising around vote counting and certification, may wind up in court. Arizona has three levels of courts that hear such disputes—the Supreme Court, the Court of Appeals, and the Superior Courts. Justices and many judges are appointed. Regarding vote counting and election certification, the Superior Courts play key roles in conducting recounts and hearing contests of elections. All Arizona justices and judges must be “re”-elected by voters in retention elections to stay in their seat after their initial term of office.
Arizona Supreme Court
The Supreme Court is the highest court in the state. The court consists of seven justices, one of whom is the Chief Justice and another the Vice Chief Justice. A.R.S. Const. Art. VI, § 2.**
Election-Related Duties
The key duties of the Supreme Court are:
- Being the final arbiter of disputes involving state law. A.R.S. Const. Art. VI, § 1.
- (Chief Justice of the Supreme Court) Witnessing the statewide canvass [1] of all proposed constitutional amendments and initiated or referred measures. A.R.S. § 16-648(B); 2023 EPM at 252.
Selection and Vacancy Information
- Current Justices:
- Chief Justice Ann Scott Timmer
- Appointed by Governor Jan Brewer (R)
- Serving since: 2012
- Next retention election: 2028
- Mandatory retirement: 2030
- Vice Chief Justice John R. Lopez IV
- Appointed by Governor Doug Ducey (R)
- Serving since: 2017
- Next retention election: 2026
- Mandatory retirement: 2038
- Justice Robert M. Brutinel
- Appointed by Governor Jan Brewer (R)
- Serving since: 2010
- Next retention election: 2026
- Mandatory retirement: 2028
- Justice Clint Bolick
- Appointed by Governor Doug Ducey (R)
- Serving since: 2016
- Next retention election: 2024
- Mandatory retirement: 2027
- Justice James P. Beene
- Appointed by Governor Doug Ducey (R)
- Serving since: 2019
- Next retention election: 2028
- Mandatory retirement: 2035
- Justice William G. Montgomery
- Appointed by Governor Doug Ducey (R)
- Serving since: 2019
- Next retention election: 2028
- Mandatory retirement: 2037
- Justice Kathryn H. King
- Appointed by Governor Doug Ducey (R)
- Serving since: 2021
- Next retention election: 2024
- Mandatory retirement: 2050
See “Meet the Justices.”
- **Appointed/Retention Election: ****Justices are appointed by the Governor from a list of at least three qualified individuals recommended by the Commission of Appellate Court Appointments. A.R.S. Const. Art. VI, § 37. The list of names must come from both parties. A.R.S. Const. Art. VI, § 37. Justices then stand in retention elections every six years.
- Term of Office: Justices serve six-year staggered terms, and stand for retention elections at the end of their terms. A.R.S. Const. Art. VI, §§ 4, 38.
- The Chief Justice serves in their role for five years. A.R.S. Const. Art. VI, § 3.
- Next Retention Election: Two seats (Justices Bolick and King) are up for election on Tuesday November 5, 2024.
- Qualifications: Justices must be persons of good moral character, admitted to the practice of law in Arizona, and have been a resident of the state for 10 years before taking office. A.R.S. Const. Art. VI, § 6.
- Justices must retire at the age of 70 or as soon after as they complete the remaining unexpired portion of the final term to which they were elected. A.R.S. Const. Art. VI, §§ 35, 39.
- Vacancy: Vacancies are filled by the standard appointment method. A.R.S. Const. Art. VI, § 37.
Court of Appeals
The Arizona Court of Appeals is the second-highest court in Arizona. In the Arizona code, the Court of Appeals is also referred to as the Intermediate Appellate Court. The Court of Appeals is divided into two geographic divisions, with a total of 28 judges on the court. Division 1, composed of 19 judges, is based in Maricopa County (Phoenix), and Division 2, composed of nine judges, is based out of Pima County (Tucson).
Election-Related Duties