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Although he is one of only afew justices who have served20 plus years on the ArizonaSupreme Court, StanleyFeldman doesn’t see it as

that great an accomplishment.“I was on the ballot every six years and

unopposed. So what’s the big deal aboutbeing on the Court for 20 years?” he asks.

But his long tenure on the Court hasbeen a “big deal” to lawyers, academics—

and the people of Arizona. During his yearson the Court, Feldman grappled with issuesranging from the death penalty to water lawto consumer protection. In all of his deci-sions, he says he strove to protect the rightsof “consumers and citizens from the gov-ernment and from powerful interests.”

Among many topics, Feldman has firmviews about the death penalty. At times,almost half of the Supreme Court caseloadconsists of death penalty cases.

“I’ve signed off on 80 to 100 deathcases, but I personally see no value to it,”he says. “As a pragmatic matter, I think thedeath penalty is a waste of resources. Idon’t think it deterred anybody in thecases we see. I also think it is a terrible bur-den for victims because these cases go onfor years, and there is no closure.”

In other areas, Feldman cites two casesfrom the 1980s—one addressing wrongfuldischarge and the other addressing contracts

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OFF-COURT PROWESS—Justice Feldman unpacks in his new law office.

Justice Feldman Steps DownCourtside Seat:

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nation contrary to public policy.“And Darner [Motor Sales, Inc., v.

Universal Underwriters Insurance Co., 682P.2d 388 (Ariz. 1984)] reflects the reality ofmodern life,” says Feldman. “We do nottruly negotiate our insurance or banking con-tracts. You just take what you are given. Nowthe reasonable expectations of the consumermust be considered.” In Darner, the Courtrefused to enforce the boilerplate terms of aninsurance contract, which were more limited

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of adhesion—that illustrate his commitmentto protecting consumers and citizens.

“Wagenseller [v. Scottsdale MemorialHospital, 710 P.2d 1025 (Ariz. 1985)]brought a sense of reality to the employ-ment area,” Feldman says. “People can’tbe fired for bad cause. It was a rule thatjust had to be.” In that case, a nurseclaimed that she was fired because she hadrefused to join in “mooning” during a staffcamping trip. The Court found her termi-

BY JODI WEISBERGPHOTOGRAPHY BY JOHN BECKETT

than the coverage expressly agreedupon by the parties.

Martin Solomon, of Solomon,Relihan & Blake PC, has practiced per-sonal injury law since 1974. He citesFeldman decisions that afforded pro-tection to nursing home residents andabused elders, as well as their families.

“Justice Feldman has done morethan any other individual to protectthe rights of consumers and preservethe letter and the spirit of theArizona Constitution,” Solomonsays. “He also has an incredible senseof wit and is able to take complexissues and make them clear andunderstandable.”

Professor Dan Dobbs, of the Universityof Arizona law school and author of thehornbook Law of Torts, believes Feldmanhas had an enormous impact on tort lawand the court system.

“He set a model for the court to makewell thought-out decisions, and I think he isa hero for creating a really good Court,”says Dobbs. “He also has good commonsense, which is disguised because he writesscholarly opinions. But I appreciate that

Stanley is astough as a $2 steak, but he was alwaysstraight-up.

—Former Chief Justice Tom Zlaket

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aspect.”Dobbs says he differs

with Feldman on a num-ber of his decisionsbecause the justice

leaned more to the plaintiff’s side. But herespects the decision-making processFeldman went through in reaching his con-clusions.

Differences of opinion and personalityconflicts, both on the Court and off, werealso a part of Feldman’s tenure. At times heclashed with Fred Martone, now a judgewith the U.S. District Court, as well as for-mer governor, Fife Symington.

“Stanley was not fond of the supremacyclause of the U.S. Constitution,” saysMartone. “As a result of that he always triedto rely on the Arizona Constitution in orderto avoid federal judicial review. Serving withStanley was a challenging experience. Hewas a passionate advocate for his ownviews.”

According to David Byers,A d m i n i s t r a t i v eDirector of theArizona SupremeCourt, Feldmanfound himself atodds withSymington overlegislation requiringthe automatic trans-fer of some juve-niles to adult court.It was also duringthat time that meritselection of judgeswas challenged.Although Feldman lost out to voters on thejuvenile justice issue, he did prevail in pre-serving the merit selection of judges in thestate’s two largest counties.

“Justice Feldman felt each case shouldbe reviewed and not just be automatic,” saysByers. “There are a lot of problems now forthose kids who end up on adult probationbecause there are fewer services available.”

Byers also says Feldman had a tremen-dous impact on the administration of thecourts.

“Justice Feldman was the first chiefjudge to place the presiding judge of eachcounty in charge of all the courts in that

county. Until 1993, they were only incharge of the superior court, butAdministrative Order 9330 changed allthat,” says Byers. “This was strategicallycritical because now there is someone over-looking limited jurisdiction courts.”

Former Chief Justice Tom Zlaket recallsthe political problems all chief justices face.

“Stanley has always been outspokenabout things he believes in, and he wasquite vocal in talking about the justice sys-tem and ways to improve it,” says Zlaket.“That offended some people who did notwant to give the judiciary its due. Wheneverhe asked for more resources, the politiciansalways resisted. The same was true for meand it’s true for Bud [current Chief JusticeCharles Jones]. But Stanley never let criti-cism deter him from doing and saying whatwas right.”

Speaking at a December event honoringFeldman, Zlaket added, “Stanley is as toughas a $2 steak, but he was always straight-up.”

During his time on the bench, Feldmansaw several changes on the Court, includingthe swearing-in of women justices for thefirst time in recent history. It was somethinghe welcomed.

“I have always thought women wereregular people,” jokes Feldman. “I enjoyhaving women here and I think they havemade a difference for the better. For onething, our language is better. I think menjust behave better around women. Theyhave a civilizing influence.”

Justice Ruth McGregor, who wasappointed to the Court in 1998, enjoyedworking and jesting with Feldman.

“Two characteristics that best define himare energy and integrity,” she says. “He wasalways prepared, always thoughtful, alwaysreasonable and always delightful.”

Perhaps his secretary, Sherry Van Camp,knows him better than anyone. She hasworked for him since 1974 and continues todo so now that he has returned to privatepractice.

“He is difficult to work for because heexpects you to give 110 per cent like hedoes,” she says. “He gives his best and wantsyour best. He doesn’t like lazy people whotake shortcuts, and he doesn’t like peoplewho aren’t prepared.”

Maritza Munich, Feldman’s first lawclerk, vividly recalls his work ethic. He wasadamant from the beginning that each clerkwould stay at the office until the job wasdone.

“It was clear that he expected his work-day, and that of the lawyers on his team, tobe no less demanding in public service thanit had been as a litigator in private practice,”

she says. “In fact, thelaw firm atmospherethat prevailed in theoffice led me to jokeprivately that instead ofthe customary ‘JusticeFeldman’s chambers,’we should answerphone calls with thegreeting ‘Feldman &Associates.’”

Stephen Golden, hislast law clerk, says littlechanged in the twodecades since Munich

clerked for Feldman.“Justice Feldman is very demanding of

himself and wants to get things right, accu-rate, correct, appropriate and judicial,” hesays. “He instills that in the clerks who workfor him. He pushes always for the facts andthe law that support a statement. He canalso help people realize the differencebetween the theory and the practice of law.”

Feldman has been a practicing attorneyand a judge for almost an equal number ofyears. Prior to his appointment to theSupreme Court in 1982, he was a well-known plaintiff’s attorney, with Miller, Pitt& Feldman in Tucson, for 25 years.

More on JusticeFeldman and his

footnotes. See pg. 4.

Justice Stanley G. Feldman

PR

OF

ILE

AT

A G

LA

NC

E

1933: Born March 9, New York, NY1956: Received LL.B. from the University of

Arizona College of Law and admitted tothe State Bar of Arizona

1968–1976: Faculty member of the UA College of Law1968–1982: Partner in the law firm of Miller, Pitt & Feldman1992–1997: Chief Justice of the Arizona Supreme Court1982: Appointed to the Arizona Supreme

Court by Gov. Bruce Babbitt2002: Returns to private practic

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“I practiced law intensely, had an inter-esting practice and handled all sorts ofcases,” says Feldman. “It was a lot of work,but it was an opportunity to see how theworld works. Being a judge was even moreof an opportunity. You just can’t be boredin that job.”

Feldman has private thoughts aboutwhom he would like to succeed him on thebench. Although he doesn’t name names,he does make it clear he is not in favor of aquota system to balance the composition ofthe Court.

“I have always believed in equality ofopportunity. It is a hallmark of my personalphilosophy,” he says. “I believe in gettingthe best people no matter what their ethnicorigins. The overriding concern should bewho the best person is.”

Feldman makes it clear that he is not retir-ing; he’s just changing jobs. He is currentlyof counsel to his old firm, now known asHaralson Miller Pitt Feldman & McAnallyPLC. He will also teach a class at the JamesE. Rogers College of Law at the UA.

“I’m going to practice some law, but Idon’t want to work 12- to 13-hour days,”he says. “I have an obligation to contributeto society, and law is what I know best.”

Feldman says he hopes he will beremembered for contributing to the growthand change of the law, because the lawneeds to evolve as society changes.

“I gave the law a sensible constructionthat reflects not only what we would like todo but what the realities are,” he says. “Ihope attorneys perceived me as prepared,understanding of the issues, interested inreality and not just the abstract rules, andthat my mind was open on the issues.”

Although he will be practicing law andteaching, Feldman says he has no intentionof strictly scheduling his days.

“I plan to do more of the things I enjoy,such as playing tennis, fast walking, playingbridge, traveling and going to the theater,”he says.

“And, of course, if Lute [Olson, coachof the UA basketball team] would hire meas a graduate assistant, I’d be very happy!”

Jodi Weisberg is a lawyer, freelance writerand standup comic currently living inPhoenix.

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