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SCHEEHLE v. JUSTICES OF SUPREME COURT OF ARIZ.

No. 05-17063.

508 F.3d 887 (2007)

Mark V. SCHEEHLE, Plaintiff-Appellant, v. JUSTICES OF the SUPREME COURT OF ARIZONA; Rebecca White Berch; Andrew D. Hurwitz; Charles E. Jones; Ruth V. McGregor; Michael D. Ryan; Judges of the Superior Court of the State of Arizona, In and for the County of Maricopa; Colin F. Campbell; Margaret H. Downey; Michael A. McVey; Jonathan H. Schwartz, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2007.

Attorney(s) appearing for the Case

Mark V. Scheehle, of Prescott Valley, AZ, for plaintiff-appellant Mark V. Scheehle.

Terry Goddard, Arizona Attorney General, and Paula S. Bickett (argued), Chief Counsel-Civil Appeals, of Phoenix, AZ, for the defendants-appellees.

Before: JANE R. ROTH, SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

Mark V. Scheehle, an Arizona tax lawyer, challenges as an unconstitutional taking the Arbitrator Appointment System of the Maricopa County Superior Court ("Appointment System"), which requires that an experienced attorney serve as an arbitrator for up to two days a year with minimal compensation. Following a decision by the Arizona Supreme Court that the Appointment System was permissible under Arizona...

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