Arizona Supreme Court Review November 8, 2017

Faculty Biographies

CHIEF JUSTICE SCOTT BALES joined the Supreme Court in 2005 and became Chief Justice in 2014. Before joining the Court, he had practiced law in Arizona for 20 years as both a public and private lawyer. His strategic agenda, Advancing Justice Together: Courts and Communities, focuses on promoting access to justice and civil and criminal justice reforms. From 2001-2005, he worked at Lewis and Roca LLP, where his practice focused on appellate and complex litigation. As Arizona’s Solicitor General from 1999-2001, he handled major appeals in state and federal court, oversaw the enforcement of Arizona election laws, and supervised the preparation of legal opinions on issues concerning state government. Justice Bales also was a Deputy Assistant Attorney General for the U.S. Department of Justice’s Office of Policy Development, a federal prosecutor in the United States Attorney’s Office in Phoenix, and a Special Investigative Counsel for the Justice Department’s Inspector General. He clerked for Justice Sandra Day O’Connor on the U.S. Supreme Court and Judge Joseph T. Sneed III on the Ninth Circuit Court of Appeals. After graduating from Michigan State University with degrees in history and economics, he received a master’s degree in economics and his law degree from Harvard.

JAMES E. BARTON practices political and government relations law at Torres Law Group, PLLC. His clients include political committees formed by Arizona trade unions, independent expenditure committees, and the Arizona Democratic Party. Most recently, Jim represented Arizonans for Fair Wages and Healthy Families in defending Proposition 206 and United Food and Commercial Workers Local 99 in successfully challenging HB 2579’s restrictions on municipalities setting minimum benefits within their geographic boundaries. Before joining Torres Law Group, Jim represented the Citizens Clean Elections Commission and the Arizona Secretary of State as an Assistant Attorney General in the Arizona Solicitor General’s Office.

JUSTICE CLINT BOLICK was appointed by Governor in January 2016 to serve on the . Prior to joining the Court, Justice Bolick litigated constitutional cases in state and federal courts from coast to coast, including the U.S. Supreme Court. Among other positions, he served as Vice President for Litigation at the Goldwater Institute and as Co-founder and Vice President for Litigation at the . He has litigated in support of school choice, freedom of enterprise, private property rights, freedom of speech, and federalism, and against racial classifications and government subsidies. Justice Bolick received his Juris Doctor degree from the University of California at Davis, where he has been recognized as a distinguished alumnus, and his Bachelor of Arts degree magna cum laude from Drew University. He serves as a research fellow with the . Among other honors, he was named one of the 90 Greatest DC Lawyers in the Last 30 Years by Legal Times in 2008, received a Bradley Prize in 2006, and was recognized as one of the nation’s three lawyers of the year by American Lawyer in 2002 for his successful defense of school vouchers in Zelman v. Simmons-Harris. Justice Bolick is a prolific author of a dozen books and hundreds of articles. Among his most recent books are Immigration Wars: Forging an American Solution, co-authored with former Florida Governor ; and David’s Hammer: The Case for an Activist Judiciary.

JUSTICE ROBERT M. BRUTINEL is an associate justice of the Arizona Supreme Court. Prior to his appointment to the Supreme Court in 2010, he served for the previous 15 years as a Superior Court judge in Yavapai County. He received his J.D. from the University of Arizona in 1982, and a B.S. in Economics from Arizona State University in 1979. He currently serves on the Arizona Juvenile Justice Commission and as chair of the Adoption and Foster Care System Improvement Committee/Court Improvement Advisory Workgroup. He also chairs the Juvenile Dependency Advisory Commission. He is a member of the Arizona Judges Association, the Yavapai County Bar Association, the National Council of Juvenile and Family Court Judges, the Arizona Women Lawyers’ Association, and the American Bar Association.

KIMBERLY A. DEMARCHI is a partner in the Phoenix office of Lewis Roca Rothgerber Christie, where she represents clients in civil appeals and in the litigation of complex matters. Kim represents clients at all stages of litigation, with a particular emphasis on litigating complex motions, advising clients and trial counsel on how to preserve and position issues for appeal, and briefing and arguing appellate cases. She also assists clients in obtaining time- sensitive relief from the court system, including temporary and preliminary injunctive relief, interlocutory and expedited appeals, and special actions. A substantial part of Kim’s practice involves issues of government law, including representing state, local, and tribal governments in administrative and court proceedings and advising a wide range of clients on compliance with campaign finance, election, lobbying, open meeting, public record, and procurement laws. She is a member of the American Academy of Appellate Lawyers, is the volunteer coordinator for the Arizona Court of Appeals’ Pro Bono Program in Division One, and has previously served as chair of the State Bar of Arizona’s Appellate Practice Section. Prior to joining her firm, Ms. Demarchi served as a law clerk to the Honorable Ruth V. McGregor of the Arizona Supreme Court and the Honorable Mary M. Schroeder, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit. She is a native of Tucson, Arizona and a graduate of Arizona State University’s Honors College and the Yale Law School.

DOMINIC E. DRAYE is the Solicitor General of Arizona. In that capacity, he is the State’s lead appellate lawyer, representing Arizona in a range of cases including defense of the State’s identity-theft laws against claims of federal preemption and leading a ten-State coalition challenging EPA’s 2015 ozone regulations. Prior to his current position, Mr. Draye worked in the Washington, DC, office of Kirkland & Ellis LLP. At Kirkland, his practice focused on legal issues and appeals. Before joining the firm, Draye clerked for Hon. Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. He attended the University of Pennsylvania Law School.

ERIC M. FRASER is a partner at Osborn Maledon. His practice focuses on appeals and intellectual property litigation. He is a member of the Executive Councils of the Appellate Practice Section, Intellectual Property Section, and Antitrust Section of the State Bar. Eric is a contributor to SCOTUSblog, coedits the AzAPP blog, and is a coauthor of the Appellate Highlights column in Arizona Attorney magazine. In 2013, the New York Times featured his research on appellate jurisdiction. Eric studied Physics at Pomona College. He received his J.D. from the University of Chicago Law School and his M.B.A. from the University of Chicago Booth School of Business. He clerked for Hon. Douglas H. Ginsburg on the U.S. Court of Appeals for the D.C. Circuit.

EILEEN DENNIS GILBRIDE is the senior partner in the appellate group at Jones, Skelton & Hochuli, P.L.C., concentrating her practice on federal and state appellate matters and dispositive motions. She also counsels and assists trial lawyers in their practices, from the answer stage through the post-trial motion stage. Eileen has handled more than 400 appeals at every level of the state and federal courts, in Arizona and other states, which have resulted in over 80 published decisions. Substantive areas of her appeals have included constitutional, contracts, torts, insurance coverage and defense, employment, municipal and school defense, civil rights, prisoner cases, professional malpractice, Indian law, legislative, administrative, personal injury, wrongful death, divorce, child custody and support, property rights and trusts. Eileen is a former Judge Pro Tempore, a past Chair of the State Bar Appellate Practice Section, a past Chair of the Arizona Supreme Court Committee on Examinations, and is recognized in The Best Lawyers in America®, Southwest Super Lawyers, Arizona’s Finest Lawyers, Corporate Counsel’s “Top Lawyers,” and Best Arizona Attorneys. Eileen is a graduate of the Cornell University Law School, and she clerked for Hon. D.L. Greer on the Arizona Court of Appeals and for Hon. Thomas A. Zlaket on the Arizona Supreme Court.

JUSTICE ANDREW W. GOULD was appointed to the Arizona Supreme Court in 2017 after serving 5 years on Division One of the Arizona Court of Appeals. Prior to his appointment to the Court of Appeals, Justice Gould spent 11 years as a Judge of the Superior Court in Yuma County, where he served as both Associate Presiding Judge and Presiding Judge. He received his J.D. from Northwestern University School of Law in 1990. He began his legal career in Phoenix, Arizona, practicing in the field of civil litigation. In 1994, he became a Deputy County Attorney, prosecuting major criminal cases for Yuma and Maricopa Counties. He served as Chief Civil Deputy for the Yuma County Attorney’s Office from 1999- 2001. Justice Gould has previously served on the Arizona Supreme Court Commission on Technology, as the President of the Arizona Judges’ Association, and has taught at the Judicial Conference and New Judge Orientations. Justice Gould currently sits as the Chair on the Committee on Judicial Ethics and Training and as a member of the Glendale Judicial Selection Board.

CHARLES A. GRUBE is a 1980 graduate of the Harvard Law School and has a B.A. with honors from the University of -Milwaukee. Rising from humble beginnings as a junior litigation associate in a large Midwestern law firm, he has been a big firm lawyer, a medium-firm lawyer and a small-firm lawyer, as well as a bank lawyer and, for the last twenty years, an assistant attorney general and Senior Agency Counsel for the State of Arizona. He is a member of the state bars of Arizona and Wisconsin, and is admitted to practice before the United States Supreme Court, various Federal Courts of Appeals, and the United States District Courts for Arizona and Wisconsin. A member of many conservation and wildlife preservation organizations, Chuck is an avid fly-fisherman, a decent cook and a certified pistol instructor. He is also a frequent speaker on contract law, procurement, commercial disputes, public monies, and other legal topics. BRETT W. JOHNSON is a partner with Snell and Wilmer L.L.P., where he Co-Chairs the Political Law Group and the Special Litigation and Compliance Group. Brett represents businesses and individuals in government relations matters. His practice includes political and election law, government regulatory compliance, export, government contracting, and commercial litigation. Brett's political and election law practice includes advising candidates, initiative committees, consultants, lobbyists, political action committees (PACs), ballot measure and independent expenditure committees, political parties, municipalities, corporations, trade associations and other tax exempt organizations, and individual donors and political contributors on matters ranging from constitutional law, referenda for the ballot, campaign finance law compliance and election law complaints. He handles election-related litigation and enforcement matters before local, state, and federal courts and agencies. Brett also regularly represents parties and witnesses involved with governmental investigations, including election law, governmental ethics, export control, False Claims Act, Foreign Corrupt Practices Act, and government procurement compliance laws and regulations. Brett provides training to businesses and governmental agencies concerning compliance matters and the drafting of related corporate policies related to ethics and campaign finance. Prior to joining the Snell & Wilmer, Brett was a judge advocate with the United States Navy, regularly appearing in state and federal courts throughout the nation on behalf of the Department of Defense. Brett was recently the lead counsel on two election initiative matters before the Arizona Supreme Court, Leibsohn v. Reagan and Arizona Chamber of Commerce, et al. v. Honorable Daniel J. Kiley, and one election law matter that recently went to the United States Supreme Court, Feldman, et al. v. Arizona’s Secretary of State’s Office.

JANET JOHNSON was appointed Clerk of Court of the Arizona Supreme Court in May 2012. Previously, Janet served as the Director of the Court Services Division of the Arizona Administrative Office of the Courts for 12 years and prior to coming to Arizona, as the Assistant Director of the Court Services Division at the Missouri Administrative Office of the Courts. Other previous experience in Missouri includes Chief Deputy Juvenile Officer, program and policy development specialist, and child protective services. Janet holds a master’s degree in Social Work from the University of Missouri-Columbia with an emphasis in planning and administration and is a Fellow of the Institute for Court Management.

JUSTICE JOHN R. LOPEZ IV was appointed to the Arizona Supreme Court in 2017. Prior to his appointment, he was Solicitor General for the State of Arizona in the Office of Attorney General where he handled civil lawsuits and appeals, as well as criminal appeals, including capital cases. He worked in the U.S. Attorney’s Office in Phoenix for over 12 years serving in various roles, including Executive Assistant U.S. Attorney, Chief Assistant of the Phoenix office, Chief of Financial Crimes and Public Integrity Section, and Deputy Appellate Chief. He also served for six months in Iraq as a legal advisor with the Regime Crimes Liaison Office, the Department of Justice-led group tasked with assisting the Iraqi government with the prosecution of Saddam Hussein. Before joining the U.S. Attorney’s Office, he worked in private practice with a Phoenix law firm as a civil litigator for several years. He graduated from the University of Texas in 1992, and from the Arizona State University College of Law in 1998. MARY R. O'GRADY is a partner at Osborn Maledon where she works on civil litigation and appeals, with an emphasis on public law issues. Mary served as Arizona Solicitor General from August 2002 to March 2011. She is a fellow in the American Academy of Appellate Lawyers and has received other national recognitions for her appellate and litigation work. She has significant experience with Arizona campaign finance and election laws and has worked on numerous constitutional challenges to state laws. She has worked on twelve cases on the merits before the United State Supreme Court. Mary earned her J.D. from Arizona State University and has an M.A. in History from the University of California at Santa Barbara and a B.A. in History from Arizona State University.

VICE CHIEF JUSTICE JOHN PELANDER was appointed to the Arizona Supreme Court by Governor Brewer in July 2009 after 14 years with Division Two of the Court of Appeals, where he served as that court’s chief judge from July 2004 through June 2009. In July 2014, he became Vice Chief Justice of the Supreme Court. Justice Pelander received his bachelor of arts degree from Wittenberg University (1973, cum laude), a J.D. degree from the University of Arizona (1976, with high distinction and Order of the Coif), and his Master of Laws in Judicial Process from the University of Virginia in 1998. Justice Pelander is a former shareholder with Slutes, Sakrison, Grant & Pelander, P.C., where his practice from 1977 to 1995 focused on insurance defense, employment law, commercial litigation, and appeals. Before beginning his law practice, he served as Executive Editor of the Arizona Law Review and as a law clerk to the Hon. Richard H. Chambers of the Ninth Circuit Court of Appeals from 1976-77. Before joining the bench, Justice Pelander was a certified specialist in the field of personal injury and wrongful death. He was an associate with the American Board of Trial Advocates, has taught at numerous state and county bar association programs, and has served as a faculty member of the Arizona College of Trial Advocacy. Justice Pelander also has served on the Arizona Commission for Judicial Performance Review, the Arizona Judicial Council, as chair of Arizona’s Judicial Ethics Advisory Committee, and as an officer of the national Council of Chief Judges of the State Courts of Appeal. Before his appointment to the Supreme Court, he served by designation on that court for 11 years in the ongoing, comprehensive general stream adjudication. Justice Pelander and his wife Mary have two adult sons. See also http://www.azcourts.gov/meetthejustices/ViceChiefJusticeJohnPelander.aspx

RICHARD S. PLATTNER, attorney at law, is a shareholder in Plattner Verderame, P.C. He has been practicing in Arizona since graduating from ASU College of Law in 1977. Representing injured individuals and their families. He is Past President and Life Member of the Arizona Trial Lawyers’ Assoc. and a State Bar of Arizona Board Certified Specialist in Injury & Death Litigation. He is a Sustaining Member and a member of the Leaders’ Forum of the American Association for Justice. Mr. Plattner has an AV rating with Martindale- Hubbell and is listed in The Best Lawyers in America, Southwest Super Lawyers, Law Dragons, Who’s Who, etc. He is a member of ABOTA (American Board Of Trial Advocates). Mr. Plattner has authored a monthly column “Appellate Highlights” in the AzTLA Advocate since 1985 and he writes and lectures on trial skills, civil procedure and legal ethics. He is active in the Unitarian Universalist Congregation of Phoenix.

JOSEPH ROTH is a partner at Osborn Maledon. His practice focuses on appeals, governmental investigations, and commercial litigation. Joe coedits the AzAPP blog, is a coauthor of the Appellate Highlights column in Arizona Attorney magazine, and has been a frequent contributor to the ABA Criminal Litigation section. Joe is also a co-chair of the AJC’s Judge Learned Hand Awards Luncheon. Joe is a graduate of the University of Arizona and Columbia Law School. Before joining Osborn Maledon, Joe clerked for Justice Scott Bales on the Arizona Supreme Court.

JUDITH R. SCHAFFERT is honored to be the chief staff attorney of the Arizona Supreme Court, where she has served as a staff attorney since January 1994. Before working for the third branch, Mrs. Schaffert practiced law as an assistant , representing first the Department of Health Services and later multiple executive and judicial branch agencies on employment matters. She previously served as law clerk to Arizona Supreme Court Chief Justice William A. Holohan. A native of The Garden State, Mrs. Schaffert received a Bachelor of Arts degree from Yale College and her JD from the UCLA School of Law. At the Arizona Supreme Court Staff Attorneys’ Office, her specialties include elections and a wide range of civil and criminal cases. Among other law-related activities, she is a past president of the National Association of Appellate Court Attorneys and a past chair of the State Bar Appellate Practice Section; and she volunteers at the Sandra Day O’Connor College of Law judging moot court competitions and for the Arizona Foundation for Legal Services & Education teaching high school students about the court system. Outside of law and family, Judy serves in the leadership of several non-profit organizations, bicycles, teaches, and sings.

JUSTICE ANN A. SCOTT TIMMER was appointed to the Arizona Supreme Court in 2012 by Governor Janice K. Brewer. Prior to her appointment to the Arizona Supreme Court, Justice Timmer was a judge with Division One of the Arizona Court of Appeals from 2000 to 2012. Justice Timmer served as Vice Chief Judge of the Court of Appeals from 2006 to 2008 and as Chief Judge from 2008 to 2011. Justice Timmer formerly practiced law with private law firms located in Phoenix, Arizona. Her practice focused primarily on commercial and employment litigation, and she practiced before state and federal trial and appellate courts, and administrative tribunals. Justice Timmer also tried capital murder cases as a defense attorney and later as a special prosecutor. Justice Timmer currently participates in many professional and community activities, including the Arizona Foundation for the Handicapped (non-profit, board Vice Chair), Attorney Regulation Advisory Committee (Chair), and the Pima County Commission on Trial Court Appointments (Acting Chair). Justice Timmer has also been recognized by many associations for her dedication to the law and the legal community.

JUDGE RANDALL H. WARNER has been a judge of the Superior Court of Arizona since October 1, 2007. He is currently the Civil Presiding Judge in Maricopa County and has a complex civil calendar, having previously served on family court and criminal court assignments. Before that, Judge Warner was a partner at Jones, Skelton & Hochuli, LLC where he had an appellate and commercial litigation practice. Judge Warner has served on a number of State Bar and Supreme Court committees. He teaches and writes frequently on civil practice issues, legal writing and effective advocacy.