Andrew D. Hurwitz
Encyclopedia
Andrew D. Hurwitz (born October 1947) is a Phoenix, Arizona
attorney currently serving as Vice Chief Justice of the Arizona Supreme Court
. He also has been nominated to serve as a judge on the United States Court of Appeals for the Ninth Circuit
. He is a native of Boonton, New Jersey
and a graduate of Boonton High School
. He is married to Dr. Sally Hurwitz, an associate dean at the Mary Lou Fulton Teachers College
at Arizona State University
.
He earned his J.D. from Yale Law School
in 1972, where he served as a member of the Board of Editors and the Note and Comment Editor of the Yale Law Journal
.
After earning his law degree from Yale, he clerked for Judge Jon O. Newman
of the United States District Court for the District of Connecticut
. He went on to clerk for Judge J. Joseph Smith of the United States Court of Appeals for the Second Circuit
.
From 1973 to 1974 he clerked for Associate Justice Potter Stewart
of the United States Supreme Court.
Perhaps his most notable case as an appellate attorney came in 2002, when he successfully argued Ring v. Arizona
before the United States Supreme Court. Representing Timothy Ring and several other death row inmates, he argued that in murder cases the Sixth Amendment
right to a jury trial requires juries, rather than judges, to make factual determinations that aggravating circumstances exist to qualify defendants for the death penalty. The Supreme Court agreed in a 7-2 decision that dramatically altered capital sentencing in Arizona and a number of other states.
From 1980 to 1983 he took a break from the practice of law to serve as chief of staff to Governor Bruce Babbitt
. Among the projects he worked on for Gov. Babbitt was the creation of the Arizona Health Care Cost Containment System
(AHCCCS), an innovative program to control Medicaid costs. His experience in the governor's office led then-Secretary of State Rose Mofford to tap Hurwitz to lead her transition team during the 1988 impeachment of Governor Evan Mecham
. When Mofford became governor after Mecham's conviction and removal from office, Hurwitz served as her chief of staff. He also served as co-chair of the transition team for Governor Janet Napolitano
.
In addition to serving three governors, Justice Hurwitz has long been known for his commitment to public service. He has served as an adjunct and visiting professor at the Sandra Day O'Connor College of Law
at Arizona State University
frequently since 1977, teaching Ethics, Supreme Court Litigation, Legislative Process, Civil Procedure, and Federal Courts, among other classes. He also served as a member of the Arizona Board of Regents
overseeing the state's public university system from 1988 to 1996, including a term as president of the Board from 1992 to 1993. He chaired two City of Phoenix committees focused on neighborhood improvement and street environment from 1986 to 1990. He also served on the boards of directors for the Arizona Center for Law in the Public Interest (1986–1988) and the Children's Action Alliance (1999–2003).
in 2003 by Governor Janet Napolitano
, replacing former Chief Justice Stanley G. Feldman. In the 2006 election, he received another six-year term, with more than 77% of Arizona voters casting ballots in favor of his retention in office.
In March 2009 he was elected to serve a five-year term as Vice Chief Justice when Justice Rebecca White Berch
was elected Chief Justice.
Notable opinions authored by Justice Hurwitz include:
In addition to his judicial duties, Justice Hurwitz also serves as a member of the Advisory Committee on the Federal Rules of Evidence
. He was appointed to the advisory committee by Chief Justice William H. Rehnquist
in 2004, and reappointed by Chief Justice John Roberts in 2007. He is a member of the American Law Institute (since 2002) and a master of the Horace Rumpole Inn of Court (since 1997).
Justice Hurwitz also continues to teach civil procedure to first-year law students at the Sandra Day O'Connor College of Law
at Arizona State University
.
Prior to his appointment to the Arizona Supreme Court, Justice Hurwitz served as Judge Pro Tempore for Division 1 of the Arizona Court of Appeals
in 1994, 1996, and 1998.
. Hurwitz's nomination is pending before the United States Senate Committee on the Judiciary
. If confirmed, Hurwitz would replace Judge Mary M. Schroeder
, who is taking senior status
on January 1, 2012.
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
attorney currently serving as Vice Chief Justice of the Arizona Supreme Court
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
. He also has been nominated to serve as a judge on the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. He is a native of Boonton, New Jersey
Boonton, New Jersey
Boonton is a town in Morris County, New Jersey that was chartered in 1867. As of the 2010 United States Census, the town population was 8,347. The town was originally called "Boone-Towne" in 1761 in honor of the Colonial Governor Thomas Boone....
and a graduate of Boonton High School
Boonton High School
Boonton High School is a comprehensive four-year public high school that serves students in ninth through twelfth grades from Boonton, in Morris County, New Jersey, United States, operating as part of the Boonton Public Schools...
. He is married to Dr. Sally Hurwitz, an associate dean at the Mary Lou Fulton Teachers College
Mary Lou Fulton Teachers College
The Mary Lou Fulton Teachers College administers Arizona State University's undergraduate and graduate programs in education. The college is headquartered on ASU's West campus, but offers programs at all four campus locations, online and in school districts throughout the state of Arizona...
at Arizona State University
Arizona State University
Arizona State University is a public research university located in the Phoenix Metropolitan Area of the State of Arizona...
.
Education and Clerkships
Justice Hurwitz graduated cum laude and Phi Beta Kappa from Princeton University in 1968 with an A.B. in Public and International Affairs. While at Princeton he earned the ignomious distinction of participating in the longest winless streak of the men's soccer team, as part of the 0-7-3 squad in 1966.He earned his J.D. from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
in 1972, where he served as a member of the Board of Editors and the Note and Comment Editor of the Yale Law Journal
Yale Law Journal
The Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...
.
After earning his law degree from Yale, he clerked for Judge Jon O. Newman
Jon O. Newman
Jon O. Newman is an United States federal judge. He has served on the United States Court of Appeals for the Second Circuit since 1979.-Education and legal training:...
of the United States District Court for the District of Connecticut
United States District Court for the District of Connecticut
The United States District Court for the District of Connecticut is the Federal district court whose jurisdiction is the state of Connecticut. The court has offices in Bridgeport, Hartford and New Haven. Appeals from the court are heard by the United States Court of Appeals for the Second Circuit...
. He went on to clerk for Judge J. Joseph Smith of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
.
From 1973 to 1974 he clerked for Associate Justice Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
of the United States Supreme Court.
Legal and Political Career
Before joining the court, Justice Hurwitz practiced law in Phoenix for nearly 30 years. He was a partner at Osborn Maledon from 1995–2003, and an associate and partner at the predecessor firm Meyer Hendricks Victor Osborn & Maledon from 1974 to 1980 and from 1983 to 1995. Hurwitz's practice included commercial litigation, administrative law, and government affairs, but he was best known as one of the most skilled appellate specialists in Arizona.Perhaps his most notable case as an appellate attorney came in 2002, when he successfully argued Ring v. Arizona
Ring v. Arizona
Ring v. Arizona, , is a case in which the United States Supreme Court applied the rule of Apprendi v. New Jersey, , to capital sentencing schemes, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. Ring overruled a portion of...
before the United States Supreme Court. Representing Timothy Ring and several other death row inmates, he argued that in murder cases the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to a jury trial requires juries, rather than judges, to make factual determinations that aggravating circumstances exist to qualify defendants for the death penalty. The Supreme Court agreed in a 7-2 decision that dramatically altered capital sentencing in Arizona and a number of other states.
From 1980 to 1983 he took a break from the practice of law to serve as chief of staff to Governor Bruce Babbitt
Bruce Babbitt
Bruce Edward Babbitt , a Democrat, served as United States Secretary of the Interior and as the 16th governor of Arizona, from 1978 to 1987.-Biography:...
. Among the projects he worked on for Gov. Babbitt was the creation of the Arizona Health Care Cost Containment System
Arizona Health Care Cost Containment System
The Arizona Health Care Cost Containment System is the name of the Medicaid program in the state of Arizona. As with all Medicaid programs, it is a joint program between the state and the Centers for Medicare and Medicaid Services...
(AHCCCS), an innovative program to control Medicaid costs. His experience in the governor's office led then-Secretary of State Rose Mofford to tap Hurwitz to lead her transition team during the 1988 impeachment of Governor Evan Mecham
Evan Mecham
Evan Mecham was the 17th Governor of Arizona. A decorated veteran of World War II, Mecham earned his living as an automotive dealership owner and occasional newspaper publisher...
. When Mofford became governor after Mecham's conviction and removal from office, Hurwitz served as her chief of staff. He also served as co-chair of the transition team for Governor Janet Napolitano
Janet Napolitano
Janet Napolitano is the third and current United States Secretary of Homeland Security, serving in the administration of President Barack Obama. She is the fourth person to hold the position, which was created after the 9/11 terrorist attacks. A member of the Democratic Party, she was the 21st...
.
In addition to serving three governors, Justice Hurwitz has long been known for his commitment to public service. He has served as an adjunct and visiting professor at the Sandra Day O'Connor College of Law
Sandra Day O'Connor College of Law
Sandra Day O'Connor College of Law is one of the professional graduate schools at Arizona State University, located in Tempe, Arizona. Founded in 1964, the law school has held American Bar Association accreditation since 1969. The school is currently located in , adjacent to the architecturally...
at Arizona State University
Arizona State University
Arizona State University is a public research university located in the Phoenix Metropolitan Area of the State of Arizona...
frequently since 1977, teaching Ethics, Supreme Court Litigation, Legislative Process, Civil Procedure, and Federal Courts, among other classes. He also served as a member of the Arizona Board of Regents
Arizona Board of Regents
The Arizona Board of Regents is the governing body of Arizona's public university system, providing policy guidance to Arizona State University, Northern Arizona University, the University of Arizona and their branch campuses.-Organization:...
overseeing the state's public university system from 1988 to 1996, including a term as president of the Board from 1992 to 1993. He chaired two City of Phoenix committees focused on neighborhood improvement and street environment from 1986 to 1990. He also served on the boards of directors for the Arizona Center for Law in the Public Interest (1986–1988) and the Children's Action Alliance (1999–2003).
Judicial career
Justice Hurwitz was appointed to the Arizona Supreme CourtArizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
in 2003 by Governor Janet Napolitano
Janet Napolitano
Janet Napolitano is the third and current United States Secretary of Homeland Security, serving in the administration of President Barack Obama. She is the fourth person to hold the position, which was created after the 9/11 terrorist attacks. A member of the Democratic Party, she was the 21st...
, replacing former Chief Justice Stanley G. Feldman. In the 2006 election, he received another six-year term, with more than 77% of Arizona voters casting ballots in favor of his retention in office.
In March 2009 he was elected to serve a five-year term as Vice Chief Justice when Justice Rebecca White Berch
Rebecca White Berch
Rebecca White Berch is a justice on the Arizona Supreme Court. On July 1, 2009, she began a five-year term as the court's Chief Justice, a position to which she was elected by her peers on the court. As chief justice, she succeeds Ruth McGregor...
was elected Chief Justice.
Notable opinions authored by Justice Hurwitz include:
- Citizen Publishing Co. v. Miller ex rel Elleithee (2005) holding that a newspaper that ran a letter to the editor advocating the random murder of Muslims in retaliation for American deaths in the Iraq War could not be sued for intentional infliction of emotional distress because the letter qualified as political speech protected by the First AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
; - Kromko v. Arizona Board of Regents (2007), dismissing a lawsuit alleging that a university tuition increase violated the constitutional requirement that education be "as nearly free as possible" as a nonjusticiable political question;
- The Lofts at Fillmore v. Reliance Commercial (2008), holding that homebuilders can be sued by buyers for breach of the implied warranty of workmanship and habitability even if the homebuilder did not sell the home to the buyer;
- Seisinger v. Siebel (2009), holding that a statutory requirement for expert witnesses in medical malpractice cases did not violate the constitutional separation of powers doctrine;
- Turken v. Gordon (2010), commonly known as the "CityNorthCityNorthSituated in the Northeast Valley of Phoenix, Arizona, CityNorth will be an urban mixed-use development featuring retail, restaurant, residential, hotel, office, cultural, civic and entertainment uses in a pedestrian-friendly environment. At completion, CityNorth will comprise more than of...
" case, which clarified the requirements of the Gift Clause of the Arizona ConstitutionArizona ConstitutionThe Constitution of the State of Arizona is the governing document and framework for the U.S. state of Arizona. The current constitution is the first and only adopted by the state of Arizona.-History:...
.
In addition to his judicial duties, Justice Hurwitz also serves as a member of the Advisory Committee on the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
. He was appointed to the advisory committee by Chief Justice William H. Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
in 2004, and reappointed by Chief Justice John Roberts in 2007. He is a member of the American Law Institute (since 2002) and a master of the Horace Rumpole Inn of Court (since 1997).
Justice Hurwitz also continues to teach civil procedure to first-year law students at the Sandra Day O'Connor College of Law
Sandra Day O'Connor College of Law
Sandra Day O'Connor College of Law is one of the professional graduate schools at Arizona State University, located in Tempe, Arizona. Founded in 1964, the law school has held American Bar Association accreditation since 1969. The school is currently located in , adjacent to the architecturally...
at Arizona State University
Arizona State University
Arizona State University is a public research university located in the Phoenix Metropolitan Area of the State of Arizona...
.
Prior to his appointment to the Arizona Supreme Court, Justice Hurwitz served as Judge Pro Tempore for Division 1 of the Arizona Court of Appeals
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....
in 1994, 1996, and 1998.
Nomination to the Ninth Circuit
On November 2, 2011, President Obama nominated Hurwitz to be a United States appeals court judge on the United States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. Hurwitz's nomination is pending before the United States Senate Committee on the Judiciary
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
. If confirmed, Hurwitz would replace Judge Mary M. Schroeder
Mary M. Schroeder
Mary M. Schroeder is a judge on the United States Court of Appeals for the Ninth Circuit.- Education :She received her B.A. from Swarthmore in 1962 and her J.D. from the University of Chicago in 1965, one of six women in her class...
, who is taking senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on January 1, 2012.