Retirement on Arizona right-leaning high court gives Democratic governor rare chance to fill seat

PHOENIX — Arizona Supreme Court Justice Robert Brutinel announced Tuesday he will retire this fall, giving Democratic Gov. Katie Hobbs a rare opportunity to fill his seat on the Republican-dominated court.

Brutinel's retirement is effective Oct. 31, capping off more than four decades as a lawyer and judge in Arizona. He was appointed to the court by former Republican Gov. Jan Brewer in 2009. He served as chief justice from 2019 to 2024.

“I leave this position with pride in my service on the courts and great confidence in the future of our judicial system, knowing that the courts are in very good hands," Brutinel wrote in his retirement letter released Tuesday. “The future of our courts is bright.”

The high court was expanded from five to seven members in 2016. All were appointed by Republican governors, though one is a registered independent.

Recently, the court decided a high-profile abortion case by reinstating an 1864 near-total abortion ban. Brutinel was one of two justices who dissented.

State lawmakers quickly repealed the ban, and Hobbs signed off on the bill. The ban was officially taken off the books this month.

Hobbs spokesperson Christian Slater said the Commission on Appellate Court Appointments must provide Hobbs with a list of candidates to replace Brutinel by the end of the year. The governor would then have 60 days to make a selection, Slater said.