Andrew David Hurwitz

Andrew David Hurwitz (born 1947) is a senior United States circuit judge on the Ninth Circuit Court of Appeals. After a lengthy career as an appellate attorney and public servant in Arizona, he served nine years as a justice of the Arizona Supreme Court before being appointed to the federal bench by President Barack Obama in 2012. He assumed senior status in 2022 but continues to hear cases on the nation’s largest circuit.

Early life and legal career

Andrew Hurwitz was born in 1947 and pursued his undergraduate studies at Princeton University, graduating cum laude and as a member of Phi Beta Kappa in 1968 with an A.B. in Public and International Affairs. He then attended Yale Law School, receiving his Juris Doctor in 1972. While at Yale he contributed to the Yale Law Journal, serving on its Board of Editors and as Note and Comment Editor.

Following law school, Hurwitz completed a series of clerkships that introduced him to both trial and appellate courts. He first clerked for Judge Jon O. Newman of the United States District Court for the District of Connecticut, then for Judge J. Joseph Smith of the United States Court of Appeals for the Second Circuit. His judicial apprenticeship concluded with a clerkship for Justice Potter Stewart of the United States Supreme Court during the 1973‑74 term.

Hurwitz spent nearly three decades practicing law in Phoenix. He began as an associate at Meyer Hendricks Victor Osborn & Maledon, later becoming a partner and remaining with the firm through its evolution into Osborn Maledon, where he served as a partner from 1995 until his appointment to the state supreme court in 2003. In addition to routine civil practice, Hurwitz argued several high‑profile matters before appellate courts. Most prominently, in 2002 he successfully represented Timothy Ring and other death‑row inmates before the United States Supreme Court in *Ring v. Arizona*, securing a decision that required juries, rather than judges, to find aggravating factors necessary for imposing the death penalty.

From 1980 to 1983 Hurwitz stepped away from private practice to serve as chief of staff to Governor Bruce Babbitt. In that role he helped develop the Arizona Health Care Cost Containment System (AHCCCS), a Medicaid‑cost‑control initiative. His experience in the governor’s office led Secretary of State Rose Mofford to enlist him for the transition team during the 1988 impeachment of Governor Evan Mecham; when Mofford succeeded to the governorship, Hurwitz continued as her chief of staff. He later co‑chaired the transition team for Governor Janet Napolitano.

Hurwitz’s public service extended to higher education and civic organizations. He was a member of the Arizona Board of Regents from 1988 to 1996, serving as its president during 1992‑93. He chaired two City of Phoenix committees focused on neighborhood improvement and street environment between 1986 and 1990. His board memberships included the Arizona Center for Law in the Public Interest (1986–88) and the Children’s Action Alliance (1999–2003). Since 1977 he has been an adjunct or visiting professor at Arizona State University’s Sandra Day O’Connor College of Law, teaching courses that range from legal ethics to federal courts.

Federal appellate service

Hurwitz entered Arizona’s highest court in 2003 when Governor Janet Napolitano appointed him to replace former Chief Justice Stanley G. Feldman on the Arizona Supreme Court. He was retained by voters in the 2006 election with more than 77 percent support and, in March 2009, his peers elected him Vice Chief Justice for a five‑year term.

During his tenure on the state supreme court he authored opinions that addressed a variety of constitutional and statutory issues. In *Citizen Publishing Co. v. Miller* (2005) he held that a newspaper could not be sued for intentional infliction of emotional distress over a letter advocating violence, emphasizing First Amendment protection for political speech. He dismissed a tuition‑increase challenge in *Kromko v. Arizona Board of Regents* (2007) as a nonjusticiable political question, and in *The Lofts at Fillmore v. Reliance Commercial* (2008) affirmed that homebuilders may be liable under an implied warranty of habitability even when the buyer did not purchase directly from the builder. His opinion in *Seisinger v. Siebel* (2009) upheld a statutory expert‑witness requirement in medical‑malpractice actions, and in *Turken v. Gordon* (2010) clarified the Gift Clause requirements of the Arizona Constitution.

Beyond his judicial duties, Hurwitz contributed to the development of federal procedural law. He was appointed by Chief Justice William H. Rehnquist in 2004 to the Advisory Committee on the Federal Rules of Evidence and reappointed by Chief Justice John G. Roberts in 2007. He has been a member of the American Law Institute since 2002 and serves as a master of the Horace Rumpole Inn of Court, a position he has held since 1997.

President Barack Obama nominated Hurwitz to the United States Court of Appeals for the Ninth Circuit on November 2 2011. The Senate Judiciary Committee held his confirmation hearing on January 26 2012 and reported his nomination to the full Senate on March 1 2012 by a vote of 13–5, with all ten Democratic senators voting in favor and three Republican senators joining them; five Republicans opposed. Senate Majority Leader Harry Reid filed a cloture motion on June 7 2012, and the Senate invoked cloture on June 11 2012 by a 60‑31 vote. Hurwitz was confirmed by the Senate on June 12 2012 and received his commission that same day. He served as an active circuit judge until assuming senior status in 2022; as a senior judge he continues to participate in panel decisions and author opinions.

Jurisprudence and legacy

Judge Hurwitz’s career reflects extensive experience across state and federal jurisdictions, academic instruction, and policy development. His early work as an appellate advocate culminated in the Supreme Court’s *Ring v. Arizona* decision, a landmark ruling that reshaped capital‑punishment procedures by emphasizing jury fact‑finding under the Sixth Amendment. That case illustrates his longstanding engagement with constitutional criminal law.

On the Arizona Supreme Court, Hurwitz authored opinions that navigated First Amendment protections, the limits of judicial review in political questions, consumer‑protection doctrines, and state constitutional provisions such as the Gift Clause. These decisions demonstrate a pragmatic approach to interpreting both federal and state constitutions while respecting separation of powers and procedural safeguards.

His service on the Advisory Committee on the Federal Rules of Evidence contributed to the ongoing refinement of evidentiary standards used throughout the federal judiciary. Membership in the American Law Institute further aligns him with efforts to produce model statutes and restatements that influence national legal practice.

As a Ninth Circuit judge, Hurwitz has participated in panels addressing a broad spectrum of federal law, from immigration and environmental regulation to civil rights and commercial disputes, consistent with the circuit’s diverse docket. Continuing as a senior judge after 2022 allows him to maintain an active role in shaping appellate jurisprudence while providing mentorship to newer judges.

In addition to his judicial responsibilities, Hurwitz’s long‑standing involvement in legal education at Arizona State University has enabled him to influence generations of attorneys and scholars. His teaching portfolio—covering ethics, Supreme Court litigation, legislative process, civil procedure, and federal courts—reflects a comprehensive grasp of the law’s theoretical and practical dimensions.

Collectively, Andrew D. Hurwitz’s contributions encompass landmark appellate advocacy, influential state‑level opinions, participation in the development of federal procedural rules, and sustained engagement with legal education. His career illustrates the multifaceted role that judges can play in both adjudicating cases and shaping the broader legal framework within which courts operate.