Maria Elena Cruz has been a judge for about 20 years. But earlier this year, the Yuma resident got a phone call that changed things for her.
Gov. Katie Hobbs was on the other end of the line. She asked Cruz how her afternoon was going, and Cruz responded that it was better now that she was talking to the governor. Hobbs said she hoped Cruz’s afternoon would get even better — because she wanted to appoint the judge to the Arizona Supreme Court.
Cruz is the first Black justice on the state Supreme Court, as well as the first Hispanic woman.
She joined The Show about her first several months on the high court and began with what went through her mind when the governor told her she’d been picked to be a state Supreme Court justice.
Full conversation
MARIE ELENA CRUZ: I thought about all the work that was ahead, all the plans that I had thought about all the reasons why I applied for this position and the fact that now it's time to set those plans in motion. I felt incredibly grateful for being trusted with this position.
MARK BRODIE: What has it been like for you? You've been on the bench now for a little while. What's it been like?
CRUZ: It's been amazing, Lots of different perspectives to answer that question from. One, my colleagues are phenomenal. I've worked with all of them in one fashion or another, because I've been on the courts for almost 20 years, but I did think that it might take a little bit of time to sort of become a part of this group.
They are six people who have been working together for several years now, but that has not been the case. They were incredibly welcoming. Of course we have our disagreements and that's why we're there, right? We come from different perspectives and we engage in debate, but it's always very respectful.
In terms of the work, while I've been doing appellate work for eight years, so that part is not new. What is new is the approach to judging an appellate case. That is different from doing it from a court of appeals perspective where you are bound by the decisions of the higher court. When you are on the Supreme Court, not only do you look at what the precedent is, but how did we arrive there? Was that correct? And if it wasn't, then it's my duty to convey that to my colleagues and, and if I'm not successful, to express that in a dissent.
BRODIE: So you mentioned the other justices have been welcoming and that, you know, you all get along pretty well. I'm interested though because you're of course the only justice appointed by a Democrat. So I would imagine that your point of view on things is not necessarily shared by your colleagues on the court, at least in some cases. How have the deliberations gone? How those conversations gone where you are expressing an opinion that is not in the majority of the justices?
CRUZ: You know, one thing that's really interesting about the composition of the court is that they are not married to certain outcomes. They are not going to come out a certain way because they're of a certain political party and I'm of a different political party. It goes by issues. It's not as people anticipate sort of the Democrat against everybody else.
BRODIE: I want to ask you about sort of the reputation and the perception of the Arizona Supreme Court, especially in the context of polls that show, for example, some number of Americans are maybe less trustworthy or have less faith in the U.S. Supreme Court based on some of the opinions that have been issued and some of the things coming out of there. How much is that sort of thing on your mind and on the mind of your fellow justices?
CRUZ: Well, there's evidence to show that the public's perception of the judiciary at the federal level affects their perception of the judiciary at the state level as well. And that in some respects is unfortunate. And what we are trying to do to change that is to be more public facing as much as possible. I think it's a lack of information about what the judiciary does, about how we arrive at our decisions, and what other programs and what other things we do within the community and for the community.
I think the message that I want to drive home with people in Arizona is what function we serve. Some people aren't really clear on the fact that we are not here to make policy. We're here to interpret the law. So in that sense, sometimes it may seem like we're making policy because we're saying this is the law, but it's not based on a preference or based on sort of surveying what the public wants.
BRODIE: Have you ruled in cases where your ruling is not what you would like it to have been?
CRUZ: Absolutely. Absolutely. You can't be a good judge and always rule in a way that you agree with.
BRODIE: I'd like to ask you about something that you said at a press conference when Governor Hobbs initially introduced you after that phone call where where she told you that she hoped your afternoon would get better because you're going to be the Supreme Court justice and there's some questions asked about you being the first Black, the first Latina member of the state Supreme Court. Also the fact that you're not from Maricopa County, you're from Yuma, a more rural smaller sort of town city part of the state.
And the quote that you had was in response to a question about your background. My question would be the opposite. Why should the courts not reflect the population? Why should a state that is so diverse have a Supreme Court that looks like one racial aspect of our state?
What went into your thinking in terms of a being OK and sort of going for it to talk about this sort of thing, but also like, I'm curious, like what's the importance to you of your role and and sort of your background being the first on the court.
CRUZ: So if all things are equal and you have people of all races and genders going to law school and joining this profession. And you have a population that has a large representation of Latinos and of people of color, then you would expect that naturally that would be manifested in all areas of the law, including the Supreme Court.
And when I say diversity, obviously I'm not talking only about the diversity that you can see by looking at me. I'm Afro-Latina and just to be sure, I'm 100% Latina, but I'm a Black Latina, but I'm also a person like you said, from a rural community, and that's a very important aspect, and a very important part of the representation that I bring to the court. Now, you asked about what does it mean to me? It's a privilege to represent people who may not have seen themselves represented in the past.
For me it's an incredible source of pride, but also responsibility, responsibility because I'm sort of leading the way, letting other people know what is possible, what they can do for the community, for the various communities, and I'm happy to do that. It also requires that I be more visible.
BRODIE: Do you feel a sense of responsibility? I mean, do you feel pressure being the first in so many of these sort of different ways to, frankly not mess it up?
CRUZ: I think anybody who is appointed to the Arizona Supreme Court is going to feel pressure to not mess it up. You're one of seven people in the state, right? And, is there more pressure because I belong to these groups? I would think that from some people's perspective, yes, because there are some people who feel uncomfortable when, when, they look at a diverse appointment, but does that affect me? I don't know.
I think that if a person is willing to think that somebody's not qualified just because of the racial group that they come from or or their background, I'm not sure that even doing the best work that I possibly can is going to turn those people around.
