Arizona Court of Appeals


The Arizona Court of Appeals is the intermediate appellate court for the state of Arizona. It is divided into two divisions, with a total of twenty-two judges on the court: sixteen in Division One, based in Phoenix, and six in Division Two, based in Tucson.

Jurisdiction

The Court of Appeals has jurisdiction to consider appeals in civil cases from the Arizona Superior Court. The court also reviews juvenile and domestic relations matters from the superior court, workers’ compensation and unemployment benefits decisions, tax court decisions, and certain corporation commission decisions.
The court also has jurisdiction over appeals in criminal matters from superior court, except for cases in which a death sentence has been imposed. Death penalty cases go directly to the Supreme Court of Arizona.
The court may also decide "petitions for special action," which is Arizona's term for petitions for special writs, such as certiorari, mandamus and prohibition.

Procedures

Selection of judges

Judges are selected by a modified form of the Missouri Plan. A bipartisan commission considers applicants and sends a list of nominees to the governor. The governor is required by law to appoint from this list based on merit, without regard to party affiliation. Judges are then retained for an initial period, after which they are subject to a retention election. If the judge wins the election, his/her term is six years.

Deciding cases

The Court of Appeals decides cases in panels of three judges, called "departments." Each department chooses a presiding judge from among the three. Division One also has a Chief Judge and Vice Chief Judge, elected by all judges in the division.
The process for pro se criminal defendants begins with the dismissal of a Petition for Post Conviction Relief by the superior court. A review of the superior court's decision by the court of appeals begins with a Petition for Review.

Divisions

While the Court of Appeals is divided into two geographic divisions in Phoenix and Tucson, the superior courts are bound by all of the Court of Appeals decisions, regardless of the division they are issued in. An Arizona trial court is not required to give greater precedent to a Court of Appeals decision from the division it is located in then a decision from the other division.
At least ten judges of Division One must be residents of Maricopa county and five residents of the remaining counties. One may be from any county.
At least four judges of Division Two must be residents of Pima county and two residents of the remaining counties.
Division One has statewide responsibility for appeals from the Industrial Commission and unemployment compensation rulings of the Department of Economic Security. One department of Division One is responsible for appeals from the Tax Court.

Court members

The members of Arizona Court of Appeals Division 1, by order of seniority, include:
NameAppointmentLaw schoolAppointed byCountySource
Lawrence WinthropOct. 15, 2002California Western School of LawJane Dee HullMaricopa
Michael J. BrownJan. 2, 2007Arizona State University College of LawJanet NapolitanoNavajo
Peter SwannNov. 5, 2008University of Maryland School of LawJanet NapolitanoMaricopa
Randall M. HoweApril 11, 2012Arizona State University College of LawJan BrewerMaricopa
Samuel A. ThummaApril 11, 2012University of Iowa College of LawJan BrewerMaricopa
Kent E. CattaniFeb. 9, 2013University of California at BerkeleyJan BrewerMaricopa
Kenton D. JonesOct. 28, 2013Arizona State University College of LawJan BrewerYavapai
Paul J. McMurdieNov. 14, 2016Arizona State University College of LawDoug DuceyMaricopa
Maria E. CruzApril 12, 2017University of Arizona College of LawDoug DuceyYuma
Jennifer B. CampbellApril 27, 2017University of Texas School of LawDoug DuceyYavapai
Jennifer PerkinsOct. 30, 2017SMU Dedman School of LawDoug DuceyMaricopa
James B. Morse Jr.Nov. 6, 2017University of Virginia School of LawDoug DuceyMaricopa
David D. WeinzweigDec. 29, 2017Arizona State University College of LawDoug DuceyMaricopa
David B. GassSept. 13, 2019Arizona State University College of LawDoug DuceyMaricopa
D. Steven WilliamsNov. 1, 2019Arizona State University College of LawDoug DuceyNavajo
Cynthia BaileyApril 24, 2020Arizona State University College of LawDoug DuceyMaricopa

The members of Arizona Court of Appeals, Division 2 include:
NameAppointmentLaw schoolAppointed byCountySource
Philip Espinosa1992University of Arizona College of LawFife SymingtonPima
Peter Eckerstrom2003Stanford Law SchoolJanet NapolitanoPima
Garye L. Vasquez2005University of Arizona College of LawJanet NapolitanoPinal
Christopher P. Staring2015Tulane University Law SchoolDoug DuceyPima
Karl Eppich2017Stanford Law SchoolDoug DuceyPinal
Sean BrearcliffeSept. 20, 2017Golden Gate UniversityDoug DuceyPima

Former judges