A decision seven months ago by the Arizona Supreme Court that allowed Professor of Law and Dean Emeritus Paul Bender to remain a candidate for the Arizona Independent Redistricting Commission was explained by the high court on Friday, July 8, and reported in local newspapers.

In “AZ Supreme Court opinion explains IRC decision on Bender,” Arizona Capitol Times reporter Gary Grado wrote that the court, in a rare split decision, said nothing in Arizona law defines a trial judicial post as a public office. Republican legislative leaders had argued that Bender’s role as a judge for two Arizona tribes disqualified him as a redistricting commissioner.

“Because (the Arizona Constitution) contains no language indicating that its proscription on commissioners holding ‘other public office’ extends to Indian Tribes, we hold that the position of tribal judge is not a ‘public office,’…” Justice W. Scott Bales wrote on behalf of the majority.

According to Grado, Justice Robert Brutinel, writing for the minority, said it is clear from the constitutions and bylaws of the San Carlos Apache Tribe and Fort McDowell Yavapai Tribe, where Bender serves as a judge, that they delegate to judges powers that are governing powers.

Bender was not selected for the commission.

To read the Arizona Capitol Times article, click here.

The court’s explanation also was reported in “State high court clarifies qualifications for redistricting commission,” by Arizona Republic reporter Mary Jo Pitzl. Click here to read the article.

Bender also gave the Republic’s Political Insider column its quote of the week: “It’s not every day you get to be the subject of a Supreme Court ruling.”

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is coauthor of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court, and actively participates in constitutional litigation in federal and state courts.