by Corinne Murdock | Jan 4, 2023 | News
By Corinne Murdock |
As one of his last acts as governor, Doug Ducey appointed six judges to the Arizona Court of Appeals.
Ducey appointed Michael Catlett, Anni Hill Foster, and Daniel Kiley to Division I, and Lacey Stover Gard, Michael Kelly, and Christopher O’Neil to Division II.
In a press release, Ducey cited the increasing popularity of Arizona as a new home state as the reason for this large slate of appointments.
“These new judges will provide the much needed resources for the Court of Appeals to handle its growing caseload as more and more people choose Arizona as a place to live, work, and start a business,” said Ducey. “Each of these individuals are exceptionally talented and principled. They will faithfully uphold the law, defend the Constitution, and respect the separation of powers. I am proud to have these judges serve the State of Arizona on the Court of Appeals.”
Catlett was the former deputy solicitor general under former Attorney General Mark Brnovich. Prior to that, Catlett was a partner at a law firm, Quarles & Brady. Catlett offers pro bono legal services to Paralyzed Veterans of America, the U.S. District Court’s self-represented litigant clinic, and the Ninth Circuit’s pro bono program.
Foster served as Ducey’s general counsel, and formerly served as deputy general counsel. Prior to that, Foster served as general counsel for the Arizona Department of Public Safety, and the assistant attorney general at the attorney general’s office. Foster is involved with the Arizona State Bar and the Maricopa County Bar Association. She also serves as a commissioner for the Arizona Commission on Access to Justice, and volunteered in the past with the Arizona State University (ASU) Law Pipeline Program.
Kiley has been the Maricopa County Superior Court judge for over a decade, currently serving as the presiding judge of the Lower Court and Administrative Appeals Department. Prior to the superior court, Kiley practiced at the law firm Sherman & Howard, and prosecuted for the attorney general’s office. Kiley volunteers currently with Maggie’s Place, a nonprofit for homeless pregnant women, and formerly volunteered with My Sister’s Place, a domestic violence shelter.
Gard has served as a Pinal County Superior Court judge since 2021. Prior to that, Gard worked in the attorney general’s office as deputy solicitor general and chief counsel of the Capital Litigation Section as well as assistant attorney general in the Criminal Appeals Section. Gard also taught at the University of Arizona College of Law.
Kelly comes from the Hollingsworth Kelly law firm. He formerly worked with the Pima County Attorney’s Office as a prosecuting attorney. Kelly volunteers pro bono legal services for Step Up to Justice. He formerly served as a board member for the Southern Arizona Legal Aid organization, which provides free legal services, as well as the Tucson Village Farm, an urban farm support organization.
O’Neil has served as a Pinal County Superior Court judge. Prior to that, O’Neil was a Casa Grande Municipal Court judge, a staff attorney for the Pinal County Superior Court, and then an attorney for the Haralson, Miller, Pitt, Feldman, & McAnally law firm. O’Neil volunteers as City of Casa Grande Youth Soccer League coach, Cactus School Mock Trial Team advisor, and Casa Grande pastor.
Ducey’s work as governor is available on a new archiving site, “The Ducey Years.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Dec 24, 2022 | News
By Terri Jo Neff |
A fair housing ordinance enacted by the City of Tucson in September violates state law, and could result in the Arizona Treasurer withholding funds to the city if not repealed in 30 days.
That is the opinion issued Dec. 22 by the Arizona Attorney General’s Office (AGO) following an investigation undertaken in response to a complaint recently filed by State Rep. Ben Toma after Tucson passed Ordinance No. 11959 prohibiting discrimination in housing based on a person’s “lawful source of income.”
Toma, who is now the House Speaker-elect, filed what is known as a 1487 complaint over concerns that Tucson’s new ordinance violates longstanding federal and state fair housing laws.
Under Arizona’s existing fair housing law, a person “may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status or national origin.”
In addition, a person “may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, familial status or national origin.”
One thing Deputy Solicitor General Michael Catlett notes in the AGO’s investigative report is that Arizona law does not include the right to be free from discrimination based on source of income. Whether such a protection is worthwhile – as city officials argued – was not considered by the AGO because the City of Tucson is 28 years too late in enacting such an ordinance, Catlett noted.
According to the 21-page AGO report, Tucson was given an option by the Arizona Legislature in 1992 to update its fair housing policies. One of the conditions was that any changes were completed by Jan. 1, 1995.
City officials, however, took no action by the deadline which makes the new ordinance inconsistent with Arizona law, Catlett determined. And if city officials do not repeal Ordinance 11959 within 30 days, the AGO “will notify the State Treasurer, who shall withhold state shared monies” in accordance with state law.
Toma called the AGO’s investigative report “an important check” on government.
“We are all bound by the laws of this state and the Constitution,” Toma said in response to the report. “If we hold this expectation for our citizens, then we should do the same for the government. It’s really that simple.”
Tucson has fallen victim to no-growth policies including “not in my back yard” advocates which has put the city in the position of not having enough housing for its citizens, according to Toma.
If Tucson wants to address the housing situation, “then it needs to look inward and remove the barriers that have caused its housing shortage,” Toma said.
And the solution, he added, is quite simple.
“Build more housing. That’s the only answer here.”
Tucson has 30 days to repeal Ordinance 11959. If the City does not repeal, then A.R.S. 41-194.01 requires the State Treasurer to withhold state shared monies until notified by the AGO that the city has come into compliance.
One question will be whether the attorney general’s report will be revised or even overturned by Attorney General-elect Kris Mayes, a Democrat, if she withstands the election challenge filed by Abe Hamadeh, the Republican nominee.
Because the city missed the 1995 deadline for enacting changes to its fair housing policy, the AGO did not address whether Ordinance 11959 and its protection based on lawful source of income is substantially equivalent to federal and state fair housing laws.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
