By Howard Fischer
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PHOENIX — A special panel has given Gov. Katie Hobbs five choices from which she has to pick the next justice of the Arizona Supreme Court.
The list approved late Monday by the Commission on Appellate Court

Appointments includes three Democrats like the governor and two political independents.

That particular mix is not unusual. It’s mandated by the Arizona Constitution, which requires the commission to provide a politically diverse list. No more than 60% can be from the same party. So for the commission to send Hobbs three Democrats from which to choose, it also had to give her the names of two independents.

While Hobbs is free to choose who she wants, the commission clearly has a favorite: Maria Elena Cruz, currently a judge on the state Court of Appeals.

The Yuma Democrat previously served as a judge for the Cocopah Indian Tribe and Yuma County Superior Court. She was the only applicant who gained unanimous support of the 15 commissioner who voted; Chief Justice Ann Scott Timmer, who chairs the panel, chose to abstain in all cases.

While Hobbs is legally required to pick from the list of nominees, nothing requires her to consider the level of support from the panel. But Cruz also brings something the governor could find significant: She identifies as a Black Latina, bringing some additional diversity to the state’s high court.
Women have been on the court for decades. But there were no Hispanics on the court until 2016 when then-Gov. Doug Ducey named John Lopez to the court.

There have never, however, been any African-Americans.
Nicole Davis, who is deputy director of the Department of Economic Security and the agency’s general counsel, picked up 13 votes.

Prior to working at DES, Davis was a deputy general counsel for the Arizona Health Care Cost Containment System, the state’s Medicaid program. Among her other professional experience is serving as deputy general counsel to Janet Napolitano when she was governor.

Also on the list is Andrew Jacobs who, like Cruz, is a Democrat. A white male, most of his experience before joining the court was in private practice at a Phoenix law firm.

He got 12 votes.

Picking up 14 votes was Regina Nassen, principal assistant attorney for the city of Tucson. Initially a political independent, she registered as a Democrat for 14 years before becoming an independent again in 2014.

A white female, she previously worked with the Pima County Attorney’s Office. Nassen also has experience in private practice.

The list is filled out with Alexander Samuels, an assistant state attorney general who is a Democrat. Samuels, a white male, previously worked as an assistant U.S. attorney .

Hobbs has 60 days to make her pick to replace retiring Justice Robert Brutinel, a Republican. And her choice is final.

This is a different process than at the federal level where the president gets to choose anyone he wants, with the only barrier being getting Senate confirmation. Here with the governor constrained to choose from the list of nominees, there is no requirement for Senate confirmation.

Whoever Hobbs chooses will be the first pick by a Democratic governor in nearly two decades. That was for Scott Bales who served until 2019.
Everyone now on the court was named either by Jan Brewer or Ducey, both of whom are Republicans. And each chose only Republicans with the exception of Ducey’s pick of Clint Bolick who was registered as a political independent when named.