Susan Bolton

Susan Bolton

Nonpartisan

United States District Court for the District of Arizona (senior status)

Tenure

2016 - Present

Years in position

8

Prior offices

United States District Court for the District of Arizona

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Bildung

Bachelor's

University of Iowa, 1973

Law

University of Iowa College of Law, 1975

Personal

Birthplace

Philadelphia, Pa.

Susan Ritchie Bolton is a federal judge on senior status with the United States District Court for the District of Arizona. She joined the court in 2000 after being nominated by President Bill Clinton. She assumed senior status on September 1, 2016.

Early life and education

A native of Philadelphia, Pennsylvania, Bolton earned her B.A. from the University of Iowa in 1973 and her J.D. from the University of Iowa College of Law in 1975.

Professional career

• 1989-2000: Judge, Arizona Superior Court, Maricopa County
• 1977-1989: Private practice, Phoenix, Arizona
• 1975-1977: Law clerk, Hon. Laurance T. Wren, Arizona Court of Appeals

Judicial career

District of Arizona

Nomination Tracker
Nominee Information
Name: Susan Ritchie Bolton
Court: United States District Court for the District of Arizona
Progress
Confirmed 74 days after nomination.
ANominated: July 21, 2000
AABA Rating: Substantial Majority Well Qualified, Minority Qualified
Questionnaire:
AHearing: July 25, 2000
QFRs: (Hover over QFRs to read more)
AReported: July 27, 2000
AConfirmed: October 3, 2000
AVote: Voice vote

Bolton was nominated to the United States District Court for the District of Arizona by President Bill Clinton on July 21, 2000, to a seat vacated by Robert Broomfield. The American Bar Association rated Bolton Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Bolton's nomination were held before the United States Senate Committee on the Judiciary on July 25, 2000, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 27, 2000. Bolton was confirmed on a voice vote of the U.S. Senate on October 3, 2000, and she received her commission on October 13, 2000. She assumed senior status on the court on September 1, 2016.

Noteworthy cases

Criminal contempt conviction for former Maricopa County sheriff (2017)

See also: United States District Court for the District of Arizona (United States v. Joseph M. Arpaio, No. CR-16-01012-001-PHX-SRB)

On July 31, 2017, Judge Susan Bolton of the United States District Court for the District of Arizona issued an order finding former Maricopa County Sheriff Joe Arpaio guilty of criminal contempt. The case was brought pursuant to a 2011 order issued by District Judge Murray Snow preventing Arpaio and the county sheriff's department "from detaining any person based only on knowledge or reasonable belief, without more, that the person is unlawfully present within the United States, because as a matter of law such knowledge does not amount to reasonable belief that the person either violated or conspired to violate the Arizona smuggling statute, or any other state or federal law." On May 24, 2013, Judge Snow also issued a permanent injunction enjoining the county sheriff's department from "[d]etaining, holding, or arresting Latino occupants of vehicles in Maricopa County based on reasonable belief, without more, that such persons were in the country without authorization." Regarding Judge Snow's orders, in neither instance was Arpaio found to be in compliance. Judge Snow issued a civil contempt citation to Arpaio in 2016 and referring him for trial on criminal contempt charges before Judge Bolton.

After a five-day bench trial, Judge Bolton ruled that Arpaio was guilty of criminal contempt. In her legal conclusions, Judge Bolton stated,

"

The evidence at trial proves beyond a reasonable doubt and the Court finds that Judge Snow issued a clear and definite order enjoining Defendant from detaining persons for further investigation without reasonable suspicion that a crime has been or is being committed; that Defendant knew of the order; and that Defendant willfully violated the order by failing to do anything to ensure his subordinates’ compliance and by directing them to continue to detain persons for whom no criminal charges could be filed. Because the Court finds that Defendant willfully violated an order of the court, it finds Defendant guilty of criminal contempt.

”

Sentencing on the criminal contempt charges was scheduled for October 5, 2017, but on August 25, 2017, President Donald Trump (R) issued his first presidential pardon in pardoning Arpaio. A presidential pardon is "the process through which the president overturns a federal conviction and restores 'an individual to the state of innocence that existed before the conviction.'" Despite the pardon, Judge Bolton declined to dismiss Arpaio's conviction for contempt.

Medical marijuana (2012)

See also: United States District Court for the District of Arizona (State of Arizona v. U.S., 11-cv-1072)

Judge Bolton dismissed a lawsuit on January 4, 2012, filed by Arizona claiming a state law passed by voters in 2010 that legalized medical marijuana put state workers at risk for federal prosecution and imprisonment due to conflict with federal drug law. Arizona Governor Jan Brewer (R), who opposed the measure, had sought to block the creation of marijuana dispensaries allowed by the law, claiming that state employees charged with regulating the dispensaries were at risk for federal prosecution. Bolton ruled that the state had not established a “genuine threat of imminent prosecution” and dismissed the case.

A spokesman for Brewer's office expressed great disappointment over the ruling. Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, said of the ruling, “We would hope that our state leaders will now recognize it is time to stop wasting taxpayer dollars in an effort to thwart the will of the voters and move ahead with full implementation of the initiative."

Arizona immigration law/S.B. 1070 (2010-2011)

See also: United States District Court for the District of Arizona (USA v. State of Arizona, No. CV 10-1413-PHX-SRB)

The United States Department of Justice took the state of Arizona to court in order to stop its bill on immigration from taking effect July 29, 2010. In the ruling, Bolton upheld parts of the law while striking down some of its more controversial aspects.

In summary, parts of the law that were upheld:

• The state can restrict local officials from creating "sanctuary city" policies that limit enforcement of the law;

• Arizona state officials will work with the federal government on illegal immigration; and

• It is a crime to employ day laborers—often illegal immigrants that wait for work in public areas.

Parts of the law blocked by the decision:

• The state cannot criminalize individuals for failing to have alien registration papers on them;

• Arizona cannot authorize "the warrantless arrest of a person" if law officials believe she or he is in the country illegally.

The state of Arizona appealed the ruling in the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit upheld Bolton's ruling on April 1, 2011.

Read the Ninth Circuit opinion here: USA v. State of Arizona

Arizona counter-suit

On October 21, 2011, Judge Bolton dismissed a lawsuit filed by Governor Jan Brewer (R) against the federal government. The lawsuit was filed as a counter-suit to the one filed by the Justice Department challenging Arizona's immigration law. In her suit, Brewer claimed that the federal government was not doing enough to protect the state from illegal immigration. Judge Bolton dismissed the suit, saying that Brewer's charges were political questions not appropriate for a court to decide. In addition, Judge Bolton said that some of the state's claims must be thrown out because they were answered in a 1994 court case in Arizona and cannot be litigated again.

Judge Bolton wrote, "While Arizona may disagree with the established enforcement priorities, Arizona’s allegations do not give rise to a claim that the counter-defendants (the federal government) have abdicated their statutory responsibilities."

See also

• United States Court of Appeals for the Ninth Circuit
• United States District Court for the District of Arizona

External links

• Judge Bolton's biography from the Federal Judicial Center
• Arizona Daily Star, "Judge is known as fair, thorough," July 21, 2010

Footnotes

Political offices
Preceded by: Robert Broomfield	District of Arizona 2000–2016 Seat #6	Succeeded by: Dominic Lanza