AZ Supreme Court Seat Has Montgomery in Far Different Function
October 2, 2019 by erfa5t8
< img class=" aligncenter size-full wp-image-1133565" src=" /wp-content/uploads/2019/10/Bill-Montgomery-Cannabis-AZ.jpg" alt= "Bill
Montgomery Cannabis AZ” width=” 715″ height=” 400″/ > By Associated Press (AP)– Lawyers state Gov. Doug Ducey’s consultation of now-former Maricopa County Attorney Costs Montgomery to the Arizona Supreme Court puts Montgomery in a brand-new role that could silence his public advocacy on policy concerns.
Montgomery for years has actually been a power-broker at the Arizona Legislature on criminal-justice issues while being an outspoken critic of cannabis legalization.
Ducey, in revealing his 5th visit to the state high court, stated he’s confident that he chose a justice who will analyze the law, not someone to write it.
” Costs Montgomery is that prospect,” Ducey said.
Arizona’s judicial conduct code limits what judges can do off the bench, and lawyers spoken with by the Arizona Capitol Times stated it ‘d be a departure from tradition for Montgomery to continue his past advocacy now that he’s on the bench.
Danny Seiden, a previous Ducey aide who when functioned as a special assistant county attorney to Montgomery, said Montgomery is now in a “less effective” position as a justice compared to an elected county attorney.
” Prosecutors have a ton of power at the same time,” Seiden said. “That’s why they’re elected, that’s why they have to deal with the people and represent their charging decisions and policymaking role while doing so. But when you’re a judge, you actually just translate statutes. You do not make policy.”
Alessandra Soler, executive director of the ACLU of Arizona, stated it ‘d be a departure from custom for Montgomery to do otherwise.
” I presume that there was this separation of powers and they should not contribute in lobbying,” Soler stated.
However Montgomery’s background creates concerns how he’ll act as a justice, Soler stated.
” Justices need to be fair and objective, and I believe that during the last 9 years he’s actually shown that he lets his individual biases drive his prosecutorial practices and policies, so I believe that’s definitely going to be a big question for us– is he going to be reasonable and impartial?” she stated.
Republican attorney Kory Langhofer stated it will be informing to see how Montgomery navigates problems like criminal justice reform.
” I strongly believe that his views on criminal justice are deeply held and will come through in his jurisprudence. However I think his judicial philosophy on other political matters about which he’s revealed very strong viewpoints might be less foreseeable,” Langhofer stated.
In the meantime, Langhofer stated, Arizona homeowners have Montgomery’s word that he understands the difference between judicial and political viewpoint.
” I think we require to hear him out on this,” Langhofer said.
Similarly, Seiden stated he’ll take Montgomery at his word that he comprehends the new role he’ll play as a judge.
” I can just speak to what I have actually heard Bill say in the past, and I believe Expense’s a firm follower in the separation of powers,” Seiden stated.
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