In this month’s state supreme court vacancy update, Ballotpedia tracked announced retirements, nominations, appointments, confirmations, and the swearing-in of justices from October 1, 2024, to November 1, 2024. Ballotpedia tracks court vacancies in all 52 state supreme courts.
Announced retirements:
In October 2024, one justice resigned. Robert Brutinel stepped down from the Arizona Supreme Court on October 31, 2024. Brutinel was first appointed by former Gov. Jan Brewer (R) in 2010 and took office the same year. He faced retention in 2014 and 2020, successfully winning two full six-year terms. Brutinel served as chief justice of the Arizona Supreme Court from July 1, 2019, until July 1, 2024.
Candidates nominated, appointed, and confirmed:
In October 2024, one appointment was named, and one list of applicants was released in state supreme courts.
In Nebraska, Gov. Jim Pillen (R) officially appointed Nebraska Supreme Court Justice Jeffrey Funke to replace outgoing Chief Justice Michael Heavican on October 25, 2024. Heavican was appointed chief justice by former Gov. Dave Heineman (R) in 2006. Following his initial appointment, Heavican was retained by voters three times: in 2010, 2016, and 2022. Heavican stepped down on October 31, 2024.
Funke ascended to the chief justice position on November 1, 2024, vacating his seat as an associate justice. Funke was originally appointed by former Gov. Pete Ricketts (R) in 2016 and took office the same year. Funke faced a retention election in 2020 and won with 79% of the vote. He will serve as chief justice until he faces retention in 2028.
Funke was Pillen’s first appointment to the state’s supreme court, but, since he is already serving as a justice, Pillen will have a second opportunity to appoint another justice to the court. As of November 1, 2024, Funke’s replacement had not been named, nor had the Nebraska Judicial Nominating Commission named any candidates who applied for his former position.
As an associate justice, Funke served as justice for the fifth district, which includes most of southeast Nebraska, excluding Lancaster County, Nebraska (which has its own district). Funke’s replacement will serve until 2029 and will be able to stand for retention during regularly scheduled elections in 2028.
In Arizona, the Arizona Commission on Appellate Court Appointments—the judicial commission in charge of compiling candidates, vetting applicants, and sending a list of finalists to the governor—released a list of 17 candidates who had applied to replace recently retired Robert Brutinel on November 1, 2024. The commission will determine the qualified candidates and send a list of finalists to Arizona Gov. Katie Hobbs (D) for the final appointment. Hobbs will be the first Democratic governor to appoint a justice to the state’s supreme court since former Gov. Janet Napolitano (D) appointed Scott Bales to the state’s highest court in 2005. The commission will meet later in November 2024 to review applications.
Justices sworn in:
In October 2024, no new justices were sworn into office to fill a vacancy.
Additional reading: