|Andrew David Hurwitz|
|Judge of the United States Court of Appeals for the Ninth Circuit|
Assumed office |
June 27, 2012
|Appointed by||Barack Obama|
|Preceded by||Mary M. Schroeder|
|Vice Chief Justice of the Arizona Supreme Court|
July 1, 2009 – June 27, 2012
|Preceded by||Rebecca White Berch|
|Succeeded by||Scott Bales|
|Justice of the Arizona Supreme Court|
March 17, 2003 – June 27, 2012
|Appointed by||Janet Napolitano|
|Preceded by||Stanley Feldman|
|Succeeded by||Ann Timmer|
Andrew David Hurwitz|
October 1, 1947
New York City, New York
Princeton University (A.B.)|
Yale Law School (J.D.)
Andrew David "Andy" Hurwitz (born October 1, 1947) is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.
Hurwitz graduated cum laude and Phi Beta Kappa from Princeton University in 1968 with an Artium Baccalaureus degree in Public and International Affairs. While at Princeton he earned the ignominious distinction of participating in the longest winless streak of the men's soccer team, as part of the 0-7-3 squad in 1966.
After law school, he clerked for Judge Jon O. Newman of the United States District Court for the District of Connecticut. and for Judge John Joseph Smith of the United States Court of Appeals for the Second Circuit.
Hurwitz practiced law in Phoenix for nearly 30 years before becoming a judge. He was a partner at Osborn Maledon from 1995–2003, and an associate and partner at the predecessor firm Meyer Hendricks Victor Osborn & Maledon from 1974 to 1980 and from 1983 to 1995. His practice included commercial litigation, administrative law, and government affairs, but he was best known as one of the most skilled appellate specialists in Arizona.
His most notable case as an appellate attorney came in 2002, when he successfully argued Ring v. Arizona before the United States Supreme Court. Representing Timothy Ring and several other death row inmates, he argued that in murder cases the Sixth Amendment requires juries, rather than judges, to make factual determinations that aggravating circumstances exist that qualify defendants for the death penalty. The Supreme Court agreed in a 7-2 decision that dramatically altered capital sentencing in Arizona and a number of other states.
From 1980 to 1983, Hurwitz took a break from the practice of law to serve as chief of staff to Governor Bruce Babbitt. Among the projects he oversaw for Governor Babbitt was the creation of the Arizona Health Care Cost Containment System (AHCCCS), an innovative program to control Medicaid costs. His experience in the governor's office led then-Secretary of State Rose Mofford to tap him to lead her transition team during the 1988 impeachment of Governor Evan Mecham. When Mofford became governor after Mecham's removal from office, Hurwitz became her chief of staff. He later served as co-chair of the transition team for Governor Janet Napolitano.
In addition to his work for three Arizona governors, Hurwitz has held a variety of other public service positions. He served as a member of the Arizona Board of Regents overseeing the state's public university system from 1988 to 1996, including a term as president of the Board of Regents from 1992 to 1993. He chaired two City of Phoenix committees focused on neighborhood improvement and street environment from 1986 to 1990. He also served on the boards of directors of the Arizona Center for Law in the Public Interest (1986–1988) and the Children's Action Alliance (1999–2003). In addition, he has been an adjunct and visiting professor at the Sandra Day O'Connor College of Law at Arizona State University since 1977, teaching Ethics, Supreme Court Litigation, Legislative Process, Civil Procedure, and Federal Courts, among other classes.
Hurwitz was appointed to the Arizona Supreme Court in 2003 by Governor Janet Napolitano, replacing former Chief Justice Stanley G. Feldman. In the 2006 election, he received another six-year term, with more than 77% of Arizona voters casting ballots in favor of his retention in office.
Notable opinions he authored include:
In addition to his judicial duties, Judge Hurwitz served as a member of the Advisory Committee on the Federal Rules of Evidence. He was appointed to the advisory committee by Chief Justice William H. Rehnquist in 2004, and reappointed by Chief Justice John G. Roberts in 2007. He is a member of the American Law Institute (since 2002) and a master of the Horace Rumpole Inn of Court (since 1997).
On November 2, 2011, President Obama nominated Hurwitz to be a United States Circuit Judge of the Ninth Circuit. On January 26, 2012, he received a hearing before the Senate Judiciary Committee and on March 1, 2012, his nomination was reported to the floor of the Senate by a vote of 13 ayes to 5 nays. All ten Democratic Senators voted aye along with Republican Senators Tom Coburn, Lindsey Graham and Jon Kyl, while Republican Senators John Cornyn, Chuck Grassley, Orrin Hatch, Mike Lee and Jeff Sessions voted no. On June 7, 2012, Senate Majority Leader Harry Reid filed for cloture on Hurwitz's nomination. On June 11, 2012, cloture was invoked by a vote of 60 ayes to 31 nays. On June 12, 2012, he was confirmed by voice vote and received his commission on June 27, 2012.
He is a native of Boonton, New Jersey, having moved there with his family at the age of 3 and a graduate of Boonton High School. He is married to Dr. Sally Hurwitz, formerly an associate dean at the Mary Lou Fulton Teachers College at Arizona State University.
| Justice of the Arizona Supreme Court
Rebecca White Berch
| Vice Chief Justice of the Arizona Supreme Court
Mary M. Schroeder
| Judge of the United States Court of Appeals for the Ninth Circuit
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