A supreme justice.

• Author: Massaro, Toni M.
• Position: Justice Stanley G. Feldman, Arizona Supreme Court - Testimonial

In December of 2002, the Arizona Supreme Court lost an exceptional justice when Stanley G. Feldman retired from the bench. He served as a justice for twenty-one years, including a five year term as Chief Justice. During his long tenure, the Arizona Supreme Court became one of the nation's most respected state supreme courts, due in significant part to Justice Feldman's exceptional writing, analysis, and active participation during oral arguments. His work consistently displayed keen intellect, superb preparation, and a strong commitment to the thoughtful evolution of just legal principles.

In particular, Justice Feldman wrote progressive and scholarly opinions on the dynamism of the Arizona Constitution and on the state Constitution's broad protection of freedom of speech and equal privileges and immunity. He identified material differences between the historical and ideological contexts of the United States Constitution and those of the Arizona Constitution, differences that have led our Court to recognize more robust state constitutional rights in several respects than the Federal Constitution provides.

Justice Feldman also injected exceptional energy into the appellate decisionmaking process and improved the quality of oral arguments. Lawyers who appeared before the Arizona Supreme Court learned to expect close reading of their submissions, and active, insightful questioning by Justice Feldman. The best appellate lawyers rose to this challenge. In a recent Supreme Court case heard at the University of Arizona College of Law, two of the state's finest lawyers--one of whom has joined the Arizona Supreme Court as associate justice--turned in an extraordinary performance in a complex matter of statutory interpretation. Neither lawyer looked once at his notes, as he quoted extensive passages of legislation, and invoked detailed caselaw, legislative history, and an Feldman leaned forward and pointedly challenged each lawyer's arguments on an equally high plain of rapid fire analysis, with comparable mastery of the statutes, caselaw, and record. He, too, never glanced at his notes, leaving all in the audience, especially the lawyers, in quiet awe. It was a superb demonstration of the appellate process at its best.

Justice Feldman is also refreshingly and eloquently outspoken. He takes seriously a professional's responsibility to exercise independent judgment, informed by careful study, and to then act on his or her principles, even when these...