2011-12-27

Andrew Hurwitz




Andrew D. Hurwitz

Andrew D. Hurwitz
Born Andrew D. Hurwitz
Nationality American
Occupation Vice Chief Justice, Arizona Supreme Court
Spouse Sally Hurwitz

Andrew D. ("Andy") 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.

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 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.

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 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).

Judicial career

Justice Hurwitz was appointed to the Arizona Supreme Court 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:

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 Circuit. 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.

References

External links


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