Arizona court backs redistricting pick who works as a tribal judge

Thursday, January 20, 2011  

A tribal judge is not a person who holds "public office" under the state constitution, the Arizona Supreme Court ruled.

Paul Bender, an Arizona State University law professor, was appointed to the Independent Redistricting Commission. Republicans said he couldn't serve because he works as a judge for the Fort McDowell Nation and the San Carlos Apache Tribe.

But the court on Wednesday said the Republicans failed to make their case. A written opinion will be issued later.

In a similar case, the Montana Supreme Court ruled that a member of the Crow Tribe who serves as a county judge did not violate the state constitution when he ran for chairman of his tribe. The court said the term "public office" doesn't apply to tribal governments because they are separate sovereigns.

Get the Story:
State: Arizona Supreme Court keeps 1 on redistricting list, ousts 2 (AP 1/19)
State's high court keeps 1 on redistricting list, ousts 2 (Capitol Media Services 1/19)

Montana court supports county official who ran for Crow chairman (1/7)