253 P.3d 1242
Ariz.2011Background
- Home filed to disqualify Jonathan Rothschild as Democratic candidate for Tucson mayor.
- Superior Court dismissed Home's complaint.
- Arizona Supreme Court has appellate jurisdiction over Home's appeal.
- Home argues Rothschild, as a State Bar member, is automatically a member of the judiciary and ineligible under Article III separation of powers.
- Court rejects argument: private legal practice and holding municipal office are not incompatible; bar membership does not confer judicial power.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Rothschild ineligible due to State Bar membership? | Home asserts bar members are judiciary per Art. III. | Rothschild argues bar membership does not confer judicial power. | No; bar members are not part of the judiciary. |
Key Cases Cited
- Hunt v. Maricopa County Employees Merit System Comm'n, 127 Ariz. 259 (1980) (law practice is a matter for the judiciary; private lawyers are not judges)
- In re Wren, 79 Ariz. 187 (1955) (officers of the court are subject to its authority for misconduct but not empowered as judiciary)
- Eastin v. Broomfield, 116 Ariz. 576 (1977) (judicial power resides in the judiciary, not in attorneys as such)
- State v. Deddens, 112 Ariz. 425 (1975) (attorney general opinions are advisory; not binding on courts)