2010 STATE OF THE JUDICIARY
The Honorable Rebecca White Berch
Chief Justice, Arizona Supreme Court

Wednesday, March 17, 2010
Delivered to a Joint Session of the
Second Regular Session of the 49th Legislature

State of the Judiciary
The Honorable Rebecca White Berch
Chief Justice, Arizona Supreme Court
President Burns, Speaker Adams, members of the Senate and House of Representatives,
colleagues, guests, and fellow Arizonans.
Good afternoon and thank you for the opportunity to speak with you about the State of
the Arizona Judiciary. It has been an extremely busy session for all of you, and I appreciate that
you have taken the time to be here today.
I was asked to begin by introducing myself. I know many of you already, so I will keep
this brief.
I am a native Arizonan and have watched this state grow and prosper. I am the product
of the Arizona public school system, from kindergarten through law school, and have had the
privilege of living and working in the neighborhoods and communities in which I grew up.
My family – my husband, parents, brothers, aunts and uncles, cousins, children, and now
grandchildren live here. In fact, my husband, Professor Michael Berch, and my daughter, Jessica
Berch, are here, seated on the floor, as are my parents, Bob and Jan White, who are seated in the
gallery.
This background shapes and influences my perspective and I share the affection that the
citizens of Arizona have for this State. I care about Arizona and its future.
It’s a privilege to stand here before you today representing Arizona’s court system. I
became the Chief Justice last summer, following the retirement of Chief Justice Ruth McGregor
after nearly 20 years of service to the Arizona Courts. We allowed her just a few months off
before appointing her to serve as a special master to oversee the cases involving public officials
in Maricopa County. I want to publicly thank her for her service to the State.
Serving on Arizona’s supreme court is an honor. I know my colleagues share this
sentiment. Joining me here today are Vice Chief Andrew Hurwitz, Justice Michael Ryan, Justice
Scott Bales, and Justice John Pelander, who joined the Court in September, after serving for 15
years on the Court of Appeals.
Arizona should be proud of its judiciary. It is one that is regarded as knowledgeable, fair,
and professional – among the best in the country. Although the economy is bad right now, the
quality of the courts and judges, and the quality of justice in Arizona remain strong. Our judges
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and employees strive every day to maintain the high standards for which Arizona courts have
become recognized, both within our state and nationally.
A large part of the strength of Arizona’s judiciary stems from our systems of electing and
selecting judges. As many of you know, since 1974, we have employed “merit selection” for all
appellate judges and trial judges in Maricopa and Pima Counties.
We have spoken with many of you about how important merit selection is to our system
of justice. Arizona’s open and transparent version of merit selection, coupled with Judicial
Performance Review and retention elections, has been celebrated as one of the best merit
selection systems nationwide. Just this past October, the United States Chamber of Commerce’s
Institute for Legal Reform cited Arizona’s merit system as an example for its “Best Practices
Guide to Commission-Based Judicial Selection.”
Budget
Our State is experiencing an unprecedented economic downturn. This has created
challenges for those who serve in all branches, and at all levels, of the government. History has
shown us that during financial crises, the need for effective and efficient courts is heightened.
Let me give you a glimpse of how the current economy has affected the judicial branch.
We operate a court system that serves a growing population of more than six million
people. While case loads are growing, funding for the courts is declining.
The recession has rocketed the filings in superior court civil cases up 29% in just the past
fiscal year. Filings have increased 75% overall since 2005.
The brutal economy has affected everyone. These pressures are felt in our courts as
Arizonans struggle with evictions, foreclosures, credit card debt, family support issues, and so
much more. In times of economic stress, people and businesses are unable to pay their bills. In
the family law area, these financial pressures cause surges in divorces, child support requests,
and custody disputes.
We find there are more requests for domestic violence orders of protection.
And sadly, we also see more children who are abused or neglected.
On the business side, we see increases in contracts cases, such as construction litigation,
evictions, and foreclosures. It has proved true with this economic cycle as well. From 2008 to
2009, contracts cases increased by 45% and jumped a staggering 131% when compared with
2005.
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In fact, overall, statewide general jurisdiction case filings – that is, cases in superior
courts – rose by more than 215,000 cases over the last fiscal year.
So now more than ever, courts are providing crucial services, because when times are
difficult, more individuals and businesses depend on courts to peacefully resolve their disputes.
I am proud of the men and women of the court system who have found the energy and the
ingenuity to make the system work, even when facing reduced staffing and funding, and coping
with skyrocketing workloads.
We know that matters are not going to get better right away, and we understand that we
must continue to do more with less.
Arizona’s courts are funded from several sources – by the state, counties, and cities. All
levels of government have had to reduce budgets, and court budgets throughout the state have
been cut back correspondingly.
At the state level, for example, we have taken budget cuts and sweeps totaling more than
38 million dollars in the last two years. Our general fund budget now is less than it was in 2005;
in fact, we’re nearly at 2000 levels. While these cuts have been steep, we appreciate that even
these cuts have resulted from our working together with you, and we appreciate that you have
allowed us the flexibility to manage these reductions.
The budget for next year reflects additional cuts that will greatly affect court operations.
But we understand that these are tough times and that you have had to make difficult decisions.
We will do our share.
And despite any budget constraints, we are committed to the people of Arizona and will
ensure that justice is preserved in our State.
It is this commitment to justice that guided us as we drafted the court’s new strategic
agenda.
As Chief Justice, it is my responsibility to provide direction to the judicial branch for the
coming years.
I have titled the courts’ new strategic agenda Justice 2020.
Twenty-twenty denotes clear vision – the vision to see clearly what is occurring and place
it in context; to see the things we are doing well and to build on them; to fix the things that need
improvement; and to see how we must build to meet future needs.
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It is also said that hindsight is 20/20. So in developing the courts’ strategic agenda, we
reviewed where we have come from and how we have developed to help us better understand our
foundations and history so that we can build on our strengths.
Justice 2020 then is a vision, a long-term roadmap to guide the courts through this fiscal
crisis and into the future. It sets forth the strategic steps we need to take now to allow us to
function for the next decade and beyond.
The Strategic Agenda contains five major objectives:
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Strengthening the Administration of Justice,
Maintaining a Professional Workforce and Improving Operational Efficiencies,
Improving Communications,
Protecting Children, Families, and Communities, and
Improving the Legal Profession.

Because time is short today, I will highlight just a few of these goals.
“Strengthening the Administration of Justice” is the first goal of the agenda. Alexander
Hamilton called justice a “constitutional imperative.” Arizona’s founders, like the founders of
our nation, similarly gave the justice system constitutional status as a coequal branch of
government. We must honor that commitment by strengthening our courts to ensure the
protection of every citizen’s right to prompt, fair, and impartial justice.
But prompt hearings cannot occur unless the court is sufficiently equipped to handle
them. More and more in this modern era, technology is essential to provide efficient services.
For this reason, technology is a focal point of the Justice 2020 strategic agenda.
Technology allows courts to do more with less, by creating efficiencies that save money and
time, while providing accountability and transparency.
Let me give you an example. We have nearly completed rolling out a statewide case
management system in all superior courts. It has been a complex and enormous project.
Our next step is to bring this same case management system to all of the limited
jurisdiction courts. This technology will position us to more effectively handle the growing
caseloads and more efficiently process cases and provide necessary court services.
The case management system I just mentioned will also serve as the platform on which
we will implement e-filing, which, given reduced staffing, increased caseloads, and public

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demand for information, we must adopt. Our citizens deserve the convenience of electronic
filing and access to court documents.
Courts will also benefit from going paperless. We will save money by not having to
store, file, retrieve, reproduce, and mail millions of documents each year.
Our e-filing initiative is called AZturbocourt and will support e-filing in all types of
cases, in all Arizona courts. With e-filing, cases can be filed from anywhere, at any time.
AZturbocourt will be completely supported by user fees. No general fund money will be spent.
We have already begun to distribute court orders by e-mail, saving mailing costs and
making distribution faster and more efficient. We also send electronic notices to victims so that
they can learn instantly of the status of a case or any continuances or rescheduled hearings.
And just three days ago, I went online to respond to my summons to serve on a Maricopa
County Superior Court jury.
The court has unveiled a web page this year that reports the performance of the appellate
courts in our state. We are one of only four states in the nation that publicly reports these stats
online.
Following up on an idea that sprang from the Supreme Court’s Commission on Victims
in the Courts, we have just launched a victim restitution web page. The site provides information
to victims of crime regarding restitution, and it offers local, state, and national resources for
information and education.
We will continue to deploy technology so that we can meet the demands of our citizens.
Evidence Committee
To further the administration of justice, I am also announcing today the formation of a
committee to examine Arizona’s Rules of Evidence. These rules govern the introduction of
evidence in both civil and criminal proceedings and help ensure fairness in the administration of
cases and help eliminate unjustifiable expense and delay. Vice Chief Justice Andrew Hurwitz, a
national expert who serves on the Federal Rules of Evidence Advisory Committee, will lead this
comprehensive review of our rules to determine whether they would benefit from modification
or updating.
Protecting Vulnerable Communities
On other fronts, our courts have always played an important role in protecting vulnerable
citizens. From our youngest citizens to the oldest, we must help protect those who cannot look

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out for their own interests by ensuring adequate oversight and regulation for those charged with
caring for them.
On the other end of the spectrum from the children, we have a growing population of
aging baby boomers. This demographic reality will increase filings in the areas of guardianship,
conservatorship, elder fraud, and probate, and requires rigorous oversight and fiduciary
accountability.
I am pleased today to announce two new initiatives that will help us improve our work in
these areas.
First, Judge Ann Scott Timmer, Chief Judge of Division One of the Court of Appeals, has
agreed to chair a committee to examine ways to streamline and improve monitoring for those for
whom guardians or conservators have been appointed. The Committee’s work will help us find
ways to protect the best interests of those who must rely on others for their well-being, and will
help us serve families who seek assistance on behalf of a loved one.
Second, the Court will form a committee to review the fees that are charged by those
appointed to serve as guardians and fiduciaries. Arizona has led the way in the area of fiduciary
licensing and regulation but we must always strive to do more.
Justice 2020 challenges us to look at new ways to meet these priorities with a balanced,
creative approach.
Focus on the Legal Profession
Justice 2020 will also focus on improving regulation of the legal profession and the
practice of law.
As with many professions, the practice of law is changing. Transactions nowadays often
cross state lines and even national borders. Lawyers practice and provide advice and legal
representation to businesses in multiple states. We must modernize the rules governing the
practice of law to adapt to these changes.
To help accommodate this reality, lawyer regulation and admission rules must change.
Beginning this year, attorneys who have been in practice for at least five years and have passed a
bar in another state may be admitted to practice law in Arizona “on motion.” The “reciprocity”
provision of our regulation requires that Arizona lawyers must be allowed to practice in those
states to whose lawyers we grant reciprocal privileges here. Of course all candidates admitted
here “on motion” must still meet rigorous criteria, such as character and fitness standards, years
in practice in good standing, and attendance at an Arizona-law course. They must also have a JD
degree from an accredited law school.
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Once an attorney is licensed to practice here, we must set forth clear standards to regulate
legal work and, should these standards for professional conduct not be met, a clear path for
investigation and resolution of lawyer misconduct cases.
To that end, I have established a lawyer discipline task force chaired by AOC Director
Dave Byers and charged its members with reviewing Arizona’s lawyer discipline system and
suggesting changes. That committee has now filed a petition – online – setting forth
recommended changes, and we are accepting comments on that petition now. The court will
review the proposals and comments this Fall.
The resulting system will improve our ability to provide a swift, fair, and cost-effective
process that protects the public and preserves the professionalism of the law, while affording due
process to those charged.
Conclusion
Time prevents me from delving further into the details of Justice 2020, so I encourage
you to visit our newly refreshed web site, which can be found at www.azcourts.gov, to learn
more about the new strategic agenda.
An effective court system is vital to a vibrant state. We know, for example, that when
companies look for places to locate or expand, a fair, effective, and efficient court system places
high among the factors they evaluate.
The citizens deserve a quality judicial system as well. This agenda takes steps to ensure
that our standards and reputation remain high, positioning Arizona as a place that people want to
live and companies want to do business.
In the years ahead, we will continue to focus on improving communications and fostering
public confidence in the judicial system. We will remain committed to maintaining the highest
standards of professionalism within our workforce.
We have tried to be good citizens of the State by thinking broadly about ways to help
raise funds to balance the budget – even when those funds do not inure to the benefit of the
courts. We will keep doing so, because it is the right thing for Arizona and for the courts. We
ask in return, as you have been doing, that you continue to allow us to manage the courts’
budget.
And so I thank the members of our legislative and executive branches for their
partnership on working through the tough issues that face the judiciary and our state. We value
the courtesy and respect you have shown to the judicial branch and hope to maintain the high
level of cooperation. When I look back on my years of service to the state, I would like to
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remember not the difficult economic times, but the good things we have been able to accomplish
for the State of Arizona. These are the legacies that will make us proud.
While Arizona’s immediate future appears difficult, those who love our state know that
there is no better community of individuals than Arizona citizens to rise to the occasion and find
solutions.
The courts at all levels in Arizona commit to our partners in government and to the
citizens of Arizona that we share this goal and are focused on a clear vision for the pursuit of
justice in our State.
It is this vision of excellence that judges and court employees bring to work each day –
and their ability to bring the constitution to life for all those who seek justice in our courts – that
makes me proud to work side by side with them, serving the citizens of the great state of
Arizona.
We look forward to continuing this work and ensuring justice in twenty-ten, in twentytwenty, and beyond. Thank you.

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