Scott Bales Explained

Scott Bales
Office:45th Chief Justice of the Arizona Supreme Court
Term Start:June 27, 2014
Term End:July 1, 2019
Predecessor:Rebecca White Berch
Successor:Robert M. Brutinel
Office1:Vice Chief Justice of the Arizona Supreme Court
Term Start1:June 26, 2012
Term End1:June 26, 2014
Predecessor1:Andrew D. Hurwitz
Successor1:John Pelander
Office2:Justice of the Arizona Supreme Court
Appointer2:Janet Napolitano
Term Start2:June 16, 2005
Term End2:July 31, 2019
Predecessor2:Charles Jones
Successor2:Bill Montgomery
Birth Date:20 July 1956
Birth Place:Elkhart, Indiana
Party:Democratic[1]

William Scott Bales[2] (born July 20, 1956)[3] is the former Chief Justice of the Arizona Supreme Court. He was appointed to the court in 2005 by Governor Janet Napolitano through Arizona's merit selection system. He was elected by his fellow justices as Chief Justice of the Arizona Supreme Court, to replace Rebecca White Berch, effective June 27, 2014.[4] Bales served as Arizona's chief justice until July 31, 2019.[5]

Early life and education

Bales was born in Elkhart, Indiana and grew up in White Pigeon, Michigan.[6]

Following his 1974 graduation from White Pigeon High School, Bales graduated cum laude, Phi Beta Kappa, Phi Kappa Phi, and Omicron Delta Epsilon with a Bachelor of Arts from Michigan State University in 1978. He graduated from Harvard University with an Master of Arts in Economics in 1980. Bales earned his Juris Doctor, magna cum laude, from Harvard Law School in 1983. While at Harvard Law School, he was a member of the Board of Editors of the Harvard Law Review.[7]

Following law school, Bales was law clerk for the Office of the Solicitor General in 1983. He went on to clerk for Joseph T. Sneed III of the United States Court of Appeals for the Ninth Circuit.[7] From 1984 to 1985 he was clerk for associate justice Sandra Day O'Connor of the United States Supreme Court.[7]

Legal career

Following his clerkships, Bales was in private practice at the Phoenix law firm of Meyer, Hendricks, Victor, Osborn & Maledon from 1985 to 1994. He then served as an Assistant U.S. Attorney for the District of Arizona from 1995 to 1999, including service as Deputy Assistant Attorney General in the U.S. Department of Justice's Office of Policy Development from 1998 to 1999. Bales then served as Solicitor General for the State of Arizona from 1999 to 2001. He returned to private practice as a partner at Lewis and Roca from 2001 until his appointment to the Arizona Supreme Court in 2005.[7]

Judicial career and retirement

Bales was appointed to the Arizona Supreme Court on June 14, 2005 by Governor Janet Napolitano through Arizona's merit selection system.[8] [9] He was retained for a six-year term in 2008 with more than 77 percent of Arizona voters casting ballots in favor of his retention in office.[10] Bales was elected by his fellow justices as Chief Justice of the Arizona Supreme Court, effective June 26, 2014, replacing Rebecca White Berch.[4] He was once again retained by Arizona voters in 2014, receiving more than 73 percent of the vote.[11] In 2016 Bales asked Arizona Governor Doug Ducey to veto a bill that added two justices to the state supreme court, arguing that the caseload did not justify the additional members.[12] Bales retired from the Arizona Supreme Court on July 31, 2019.[13]

After retiring from the bench Bales served as executive director of the Institute for the Advancement of the American Legal System (IAALS) at the University of Denver.[14] [15] On Sept. 5-6, 2019, Bales participated in a conference discussion at Duke Law School, along with several other state supreme court chief justices, on "problems stemming from the disproportionate impact of court fees, fines, and bail processes on poor and minority communities."[16] In June 2020 Bales, along with Justice Demo Himonas of the Utah Supreme Court, argued in a Bloomberg Law editorial that states should experiment with new ways to give people access to the civil justice system that do not involve lawyers.[17] Bales resigned his position with IAALS on July 31, 2020.[18]

Bales was elected to the American Law Institute in 2007 and was elected to the ALI Council in 2014.[19] He serves as an Adviser on the Principles of Election Law: Resolution of Election Disputes[20] and was a consultant on the Restatement Third, Employment Law project.[21] Bales is also a member of the Advisory Board for the O'Connor Justice Prize. During the 2020-2021 term Bales is chair of American Bar Association Section of Legal Education and Admissions to the Bar.[22]

In 2018 Bales was named by the American Judges Association as the that year's recipient of the Chief Justice Richard W. Holmes Award of Merit, which recognizes "outstanding contributions to the judiciary."[23] Bales also received the 2018 Ernest C. Friesen Award of Excellence, presented annually by the Justice Management Institute to an individual who has demonstrated vision, leadership, and sustained commitment to the achievement of excellence in the administration of justice.[24]

Notable decisions

In Cheatham v. DiCiccio, the Arizona Supreme Court upheld release time for a member of the police union against a challenge by the Goldwater Institute.[25] [26]

In the 2016 case State v. Holle, Bales and Justice Robert M. Brutinel dissented from the majority opinion and argued that under the majority's interpretation of the state's child molestation law, parents could be charged for simple acts like changing a diaper.[27] Fordham University law professor John Pfaff wrote of the majority's decision, "If I owned a daycare center I'd be closing down and moving to another state."[28] Holle was the court's third 3-2 decision during Bales's tenure as chief justice.[29]

Publications

See also

References

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Notes and References

  1. Web site: Help Center - the Arizona Republic.
  2. News: Judge choice could alter balance of state Supreme Court. Arizona Daily Star. May 3, 2005.
  3. Book: Martindale-Hubbell International Law Directory. 1994. NO-537.
  4. Web site: Alexander. Dawn. 18 October 2013. Bales picked as next Supreme Court chief justice. 24 November 2020. AZFamily.com.
  5. News: Polletta. Maria. 5 March 2019. Arizona Supreme Court Chief Justice Scott Bales to retire, giving Ducey 5th appointment. The Arizona Republic. 24 November 2020.
  6. Bales. Scott. Scott Bales. Brett Eisele. Scott Bales: Chief Justice of the State of Arizona Supreme Court. ROX Interview. October 1, 2014. Southern Corridor Living. Casa Grande, Arizona. February 25, 2022.
  7. Web site: Scott Bales . June 18, 2014 . dead . https://web.archive.org/web/20140701080033/http://www.azcourts.gov/meetthejustices/ViceChiefJusticeScottBales.aspx . July 1, 2014 .
  8. News: Fischer. Howard. 14 June 2005. Bales wins Napolitano's state Supreme Court appointment. Arizona Daily Sun. 24 November 2020.
  9. News: Sunnucks. Mike. 14 June 2005. Napolitano picks political ally for high court post. Phoenix Business Journal. 24 November 2020.
  10. Web site: Archived copy. dead. https://web.archive.org/web/20081219172036/http://www.azsos.gov/election/2008/General/Canvass2008GE.pdf. 2008-12-19. 2014-01-06.
  11. http://results.enr.clarityelections.com/AZ/53314/149239/Web01/en/summary.html Election results
  12. News: 31 October 2020. 2016 Arizona court expansion not seen as efficiency boost. The Register Citizen. 24 November 2020.
  13. Web site: Polletta . Maria . Arizona Supreme Court Chief Justice Scott Bales to retire, giving Ducey 5th appointment . The Arizona Republic.
  14. News: Ward. Stephanie Francis. 9 April 2019. Top state court judge leaves bench to lead legal services think tank. ABA Journal. 24 November 2020.
  15. Web site: Willis. Zachary. 7 March 2019. IAALS Announces Leadership Transition. 24 November 2020.
  16. News: Conference explores new research on court fees and fines. Duke Law School. 24 November 2020.
  17. News: Bales. Scott. 29 June 2020. Insight: It's Time to Allow New Legal Service Providers. Bloomberg Law. 24 November 2020.
  18. News: Martinez. Avery. 22 July 2020. IAALS Executive Director Steps Down. Law Week Colorado. 24 November 2020.
  19. Web site: American Law Institute - List of Officers and Council. https://web.archive.org/web/20120925021943/http://www.ali.org/index.cfm?fuseaction=about.officerslist. dead. 25 September 2012.
  20. Web site: Principles of Election Law: Resolution of Election Disputes - List of Participants. https://web.archive.org/web/20140407084836/http://www.ali.org/index.cfm?fuseaction=projects.members&projectid=24. dead. 7 April 2014.
  21. Web site: Restatement Third, Employment Law - List of Participants. https://web.archive.org/web/20141205105232/http://www.ali.org/index.cfm?fuseaction=projects.members&projectid=11. dead. 5 December 2014.
  22. Web site: Council Biographies for the Section of Legal Education and Admissions to the Bar: Leadership - 2020-2021 Council. 24 November 2020. American Bar Association.
  23. Web site: Award Recipients. 24 November 2020. American Judges Association.
  24. Web site: Recipients of the Ernest C. Friesen Award of Excellence. 24 November 2020. The Justice Management Institute.
  25. http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2016/CV150287PR.pdf Court document
  26. Web site: Gardiner. Dustin. 13 September 2016. Arizona court ruling OKs 'release time' for public employees' union work. 24 November 2020. AZCentral.com.
  27. Web site: Fischer. Howard. 20 September 2016. Justice worries innocent parents could be charged for changing child's diaper. 24 November 2020. Arizona Capitol Times.
  28. Web site: Arizona Supreme Court decision on intent makes child diapering a potential crime, dissent argues. A. B. A.. Journal. ABA Journal.
  29. Web site: Search Opinions. www.azcourts.gov.