Hourly Update

Napolitano gets list of potential Supreme Court judges

PHOENIX - Gov. Janet Napolitano will have to choose among three nominees to become the 40th justice ever of the Arizona Supreme Court. The Commission on Appellate Court Appointments on Tuesday nominated Scott Bales, Colin Campbell and Ann Scott Timmer to the high court. The state constitution requires the governor to choose from that list. Bales and Campbell are Democrats, like the governor. That gives Napolitano a chance to change the balance on the court, which is 3-2 Republican: Her choice will replace Republican Charles Jones who retires this week when he reaches mandatory retirement age of 70. But the implications of the governor's choice goes beyond politics: Whoever she chooses will help decide some of the most critical issues of the day - including whether Arizonans will be able to vote to limit marriage in this state to one man and one woman. The high court also almost certainly will hear legal challenges to some laws approved by the Legislature this session, including one that limits who can testify as an expert witness on behalf of malpractice victims. And whoever the governor names could influence the judiciary for years before having to retire: Campbell, the oldest of the nominees, is only 53; Bales is 48 and Timmer is 44. Tim Nelson, the governor's chief legal counsel, said Napolitano will begin interviews of the three nominees later this week, with an eye on making an appointment by the end of next week. Nelson acknowledged that Bales, an attorney in private practice, might be perceived to have an inside track. He has not only political ties to the governor but also worked for her as her solicitor general when she was the state attorney general. And even after he went back into private practice she retained him to do legal work for her successful gubernatorial campaign as well as to defend her vetoes in a legal dispute two years ago with the Legislature. "She knows Scott very well and has great faith in his ability," Nelson said. But he said Napolitano also recognizes the other two as "very talented judges." Campbell is presiding judge of Maricopa County Superior Court. Timmer has been a judge on the state Court of Appeals since 2000. The legal fight to come over the gay marriage amendment stems from the way it is crafted. By law, constitutional amendments are permitted to deal with only a single subject so voters don't have to accept something they don't want to get something they do. In this case, foes will to argue that the amendment not only bans same-sex marriages but also forbids civil unions and blocks cities and counties from giving benefits to the partners of their employees. There is precedent for such challenges. As recently as last year a judge blocked voters from considering a measure to repeal the system of financing publicly funded campaigns of statewide and legislative candidates because it also dealt with other funds. That decision was upheld by the Supreme Court. The importance of the nomination was underscored by the fact that Canthi Haired, lobbyist and attorney for the Center for Arizona Politics, monitored not only Tuesday's interviews of all six applicants but also the debate by commission members of who to recommend - and who did not meet the cut. In choosing those three nominees Tuesday, the commission preordained that the next justice will be from Maricopa County. The two applicants from elsewhere - Cochise County Superior Court Judge Wallace Hoggatt and Tucson attorney Jose Robles - were eliminated from consideration, as was Court of Appeals Judge Patrick Irvine.