SB 1070 judge called no-nonsense, 'impeccable'

by Michael Kiefer - Jul. 21, 2010 12:00 AM
The Arizona Republic
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Several times during last Thursday's federal court hearing on Arizona's controversial new immigration law, U.S. District Judge Susan Bolton's incisive line of questioning betrayed a wry sense of humor.

While searching for an example of a traffic arrest that might lead a law-enforcement officer to inquire about someone's immigration status, she quipped, "I might be going fast now that they've turned off the speed cameras."


As judge, it is her prerogative to express humor.

"She tries to keep it light - but you don't initiate it," said Augustine Jimenez, one of the attorneys appearing before her that day. "You follow her lead."

Bolton, 58, has a reputation as a no-nonsense judge. That could serve her well as she is thrust into the national spotlight to arbitrate a handful of legal battles that will decide not only the fate of Arizona's law but whether other states are likely to follow Arizona's lead.

The first few of the federal lawsuits over Senate Bill 1070 were filed in late April and by random draw were assigned to Bolton. There are now seven. At their root, all claim the law improperly pre-empts federal law. All will be heard by Bolton.

Though Bolton declined to be interviewed for this story, lawyers who know her describe her as an intelligent judge who listens carefully and pays attention to detail.

"When you appear before Susan Bolton, you have to be on time, you have to be prepared and you follow the rules," said Judge Roland Steinle of Maricopa County Superior Court, who has appeared before Bolton as a defense attorney.

Steinle recalled once "getting mouthy" with Bolton while she was a Superior Court judge. Bolton immediately put him in his place.

Ironically, Steinle today is the kind of judge who would quickly squelch a mouthy attorney in his own courtroom.

The next time Steinle was to defend a murder case in front of Bolton, his co-counsel wanted Bolton removed as the judge. Steinle told the co-counsel that he himself would quit the case if Bolton were removed.

The murder victim had died an awful death, and Steinle felt strongly that Bolton was just the judge to give their case a fair airing. She would not be distracted from the facts and the law by the unpleasant details.

Born in Philadelphia in 1951, Bolton earned her bachelor's and law degrees at the University of Iowa.

She came to Arizona in 1975 to clerk for a judge at the Arizona Court of Appeals, then went into private practice in 1977. She was appointed to the Superior Court in 1989 by then-Gov. Rose Mofford.

Bolton was appointed to the federal bench in 2000 by then-President Bill Clinton on the recommendation of Arizona Sen. Jon Kyl.

Superior Court Judge Bethany Hicks, a friend of Bolton's, described her as a private person who is thoughtful, independent, deliberate and intellectual.

"Everything she does is impeccable," Hicks said. "That's kind of her nickname. We call her 'Impeccable' because that's how she is."

She is known for focusing rigorously on the letter of the law.

She also is not intimidated.

Paul Charlton, former U.S. attorney for Arizona, recalled a criminal case involving the New Mexican Mafia prison gang. The case was transferred to Phoenix from Santa Fe because the Santa Fe court did not have adequate security. Trial witnesses had been murdered.

Bolton was assigned to the case.

"Judge Bolton was absolutely fearless," Charlton said. "When you walked into the courtroom, you knew who was in control."

Nor is she swayed by public opinion.

"She's going to rule based on the facts and the law," Steinle said. "And you can put 100 people in there trying to influence her decision, but she's still going to rule according to the facts."

At a hearing last week, Bolton listened to arguments on whether an SB 1070 case filed on behalf of a Phoenix police officer and the advocacy group Chicanos Por La Causa should be dismissed, and whether the court should issue an injunction stopping the law from taking effect July 29 until the court cases can be decided.

Bolton took the motions under advisement, with no indication of when she will rule.

Hearings for two other SB 1070 lawsuits, including one filed by the U.S. Department of Justice, will be held before Bolton on Thursday.

SB 1070 makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

It also requires law-enforcement officers to enforce federal immigration law to the fullest extent of the law and opens agencies up to lawsuits if they have policies that don't allow officers to do that.

Steinle said it is fortunate that Bolton will be the arbiter in challenges of the new law.

"As a citizen of Arizona, I'm happy she's going to rule on the cases, because she's going to rule on the facts and the law and not all the political showboating on both sides of the issue," he said.

Whatever her ruling, Steinle said it will be well-reasoned and unambiguous.

Attorney Adrian Fontes, who represents criminal defendants in federal court, looked into the future.

"She's smart enough to know that whatever she rules, it's going to be appealed," Fontes said.

"She's going to do a good job gathering the facts and making a clear record so the appellate courts can make their ruling."



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