ADAMS v. COM'N ON APPELLATE CT. APPOINTMENTS

No. CV-10-0405-SA.

254 P.3d 367 (2011)

Kirk ADAMS, Speaker of the Arizona House of Representatives, in his official capacity; and Russell Pearce, President of the Arizona Senate, in his official capacity, Petitioners, v. The COMMISSION ON APPELLATE COURT APPOINTMENTS; Rebecca White Berch, officially in her capacity as Chair of the Commission on Appellate Court Appointments; Suzanne M. Ballard; Doug Cole; Carey Dobson; Robert M. Gallo; John A. Leavitt; Linda Martin; Dewey D. Schade; Jane C. Strain; John Thomas Taylor, III; Charie Wallace; William J. Ekstrom, Jr.; Jill Harrison; Michael Rusing; and Ted A. Schmidt, officially in their capacities as members of the Commission on Appellate Court Appointments, Respondents.

Supreme Court of Arizona, En Banc.

July 8, 2011.


Attorney(s) appearing for the Case

Arizona House of Representatives by Peter A. Gentala and Arizona State Senate by Gregrey G. Jernigan , Phoenix, Attorneys for Kirk D. Adams and Russell K. Pearce.

Thomas C. Horne , Arizona Attorney General by Mary R. O'Grady , Solicitor General, Mark D. Wilson , Assistant Attorney General, Rex C. Nowlan , Assistant Attorney General, Phoenix, Attorneys for Commission on Appellate Court Appointments, Rebecca White Berch, Suzanne M. Ballard, Doug Cole, Carey Dobson, Robert M. Gallo, John A. Leavitt, Linda Martin, Dewey D. Schade, Jane C. Strain, John Thomas Taylor, III, Charie Wallace, William J. Ekstrom, Jr, Jill Harrison, Michael Rusing, and Ted A. Schmidt.

Haralson Miller Pitt Feldman & McAnally PLC by Stanley G. Feldman , Tucson, and Perkins Coie LLP by Paul F. Eckstein , Colin P. Ahler , Amy C. Chang , Phoenix, Attorneys for Amici Curiae Lattie Coor, Paul Johnson, Valley Citizens League, Phoenix and Arizona Latino Research Enterprise.

Sheila Sullivan Polk , Yavapai County Attorney by Jack H. Fields , Deputy County Attorney, Prescott, Attorneys for Amicus Curiae Yavapai County Attorney.

Gordon & Rees, LLP by Stephen W. Tully , Phoenix, Attorneys for Amici Curiae Jeff Flake, Trent Franks, Benjamin Quayle, Paul Gosar, and David Schweikert.


OPINION

BALES, Justice.

¶ 1 This special action challenges the qualifications of three nominees to the Arizona Independent Redistricting Commission. On January 19, 2011, we issued an order accepting jurisdiction and granting relief in part, stating that a written opinion would follow. This is that opinion.

I.

¶ 2 In 2000, the voters approved Proposition 106, which amended the Arizona Constitution to require that a five-member...

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