Arizona Daily Sun from Flagstaff, Arizona • 2

Local Arizona 2 edNdin Juh 29. Arizona Daily Sun azdaih sud.codi COURT LOG Grant Pelander tapped for High Court ensures HOWARD FISCHER Caprtoi Media Services PHOENIX Gov. Jan Brewer selected Republican John Pelander Tuesday to be the newest justice on the Arizona Supreme Court. Pelander, a judge since 1995 on the Arizona Court of Appeals, was chosen over two of his appellate court colleagues. The state constitution required the governor to make her pick from the nominees sent to her by a special commission.

Brewer said all three were "very qualified." But she said Pelander stood out as the kind of judge she wants on the bench. "He possesses the intellect, the experience and the temperament to be an outstanding member of our state's highest court," the governor said. "He shares my philosophy that judges should strictly interpret the laws and the constitution and not legislate from the bench." Pelander, in turn, promised to "do everything I can to live up to the trust and confidence you placed in me by faithfully applying the law and by fairly and impartially approaching and deciding cases that come before the court." Brewer also cited Pelander's "long and distinguished career" as an attorney in private practice in Tucson from 1977 until his appointment by then -Gov. Fife Symington to the appellate court. "That was important to me," she said.

Brewer said he can "take all that time and experience and apply it serving on the bench." The governor, who said she interviewed all three candidates, said she discussed various prior court rulings with Pelander, including both rulings he agreed with and those he did not. Brewer would not disclose specific questions she asked him. But the governor said she never asked any "litmus test" questions on issues like abortion or gun control. And she said there were no discussions on issues still pending before the court. Pelander replaces Ruth McGregor, a Democrat, who stepped down on June 30.

While McGregor was the chief justice before retiring, that position does not automatically go to Pelander. Unlike the U.S. Supreme Court, the justices of the Arizona Supreme Court choose their own leader. Brewer has previously said she is not a fan of the "merit selection" process approved by voters in 1974 to select judges for the Supreme Court, Court oif Appeals and the trial courts in Pima and Maricopa counties. It restricts a governor's choices to only those recommended by screening panels.

On Tuesday, Brewer seemed somewhat more accepting of the process, calling it "interesting." "I certainly have had some questions in regards to that over my career," said Brewer, who served 14 years as a state legislator. "The merit system, obviously today, has served Arizona very well, the governor continued. "It certainly takes a lot of interviewing off your plate because, of course, they appear before the (selection) commission and are screened extensively by a very responsible and respected group of people to determine who, in fact, do they feel would best serve the people of Arizona." Brewer did say, though, that she would oppose any change in the process which would subject ARTHUR JOHN PELANDER III AGE: 58 PARTY REGISTRATION: Currently Republican: independent prior to November 1979 EXPERIENCE: Bachelor of Arts degree, 1973. Wit-tenburg University (Ohio) Juris Doctorate degree, 1976, University of Arizona Master of Laws in Judicial Process. 1998.

University of Virginia Private practice, 1977-1996 in firm currently known as Slutes, Sakrison Rogers, Tucson Court of Appeals, 1995-present PELANDER'S CASES Some of the cases that John Pelander decided and wrote the majority opinion as a judge of the Arizona court of Appeals: INTERNET SALES: Ruled that those who buy items on the World Wide Web can't count on suing a seller from another state in Arizona courts (May 2009) PUBLIC RECORDS: Concluded that private e-mails on a government computer are not public records. (August 2006) TRIBAL SOVEREIGNTY: Tribal casinos can't be sued in state court even if they serve customers too much alcohol and those people go out and kill someone else off the reservation. (March 2006) PUBLIC EMPLOYEES: Said a Pinal County sheriff's deputy who struck a restrained inmate is not entitled to his job back. (July 2005) REPRESENTING YOURSELF: Concluded that going to court without an attorney is not a sufficient reason to permit someone to miss deadlines. (December 2005) TUCSON SYMPHONY: Ruled that four musicians were not entitled to receive the remainder of their annual salaries promptly at the end of the season.

(November 2004) CITY PERMITS: Said the Town of Marana did not have to pay nearly $430,000 to a company denied a permit to locate a medical waste facility there even if the council acted for political reasons, (December 2003) MARRIAGE: Said a woman whose future husband lied to her about his financial condition and his previous marriages and then didn't keep his promise to stop dressing in women's clothes is entitled to have the marriage annulled. (December 2003) DRUNK DRIVING: Ruled a woman could not use a "necessity" defense to explain why she was legally drunk when she got behind the wheel of her vehicle. (August 2002) SEX CRIMES: Said someone who has been "flashed" is a victim of a sex crime and not a witness, and therefore entitled to the protections of Arizona's Victims' bill of Rights (November 2001) WORKERS' COMPENSATION: Blocked a doctor from testifying against a former Tucson police officer who was accused of workers' compensation fraud, concluding there was a physician-patient relationship. (June 2001) OVERTIME PAY: Said Pima County taxpayers don't have to pay jailers more than $4 million for their lunch breaks, even if they are on call (June 2001) SMOKING LAWS: Upheld the validity of Tucson's antismoking ordinance, rejecting arguments by the owners of a restaurant that the law is flawed. (May 2001) BILLBOARDS: Rejected arguments by a billboard company that it could keep the upwardshining lights on its billboards because they were there before Tucson enacted its "dark sky" requirements.

(May 1998) TOWING: Said owners don't have to pay towing charges before they can retrieve their vehicles. (June 1996) PUBLIC JOBS: Ruled it is permissible for a county board of supervisors to discriminate against someone in a hiring decision based on ttiat person's political registration. (September 1995) her choice, who already has been through the screening process, to also having to be confirmed by the state Senate. The national process going on now with the nomination of Sonia So-tomayor to the U.S. Supreme Court is different because President Obama, got to choose whoever he wanted, unconstrained by any screening panel.

"The process has worked for many years here in Arizona," she said. Involuntary manslaughter A Lukachukai man was sentenced to more than three years in federal prison Monday after he pleaded guilty to involuntary manslaughter in connection with a May 5 traffic death. According to information from the U.S. Attorney's Office in Phoenix, Alvin J. Yazzie, 38, was driving erratically on Highway 160 when he rolled his vehicle several times.

A 54-year-old passenger died in the crash. Yazzie stole a vehicle from a person who stopped at the scene of the crash to help the victim. Tribal authorities caught Yazzie near the scene of the crash. Subsequent tests showed that Yazzie had a blood-alcohol concentration of more than twice the legal limit of 0.08 percent. Injury assault A Grand Canyon Village man has been federally charged with assault after hospital staff found serious bruising to a 3-month old child.

According to information from the U.S. Attorney's Office in Flagstaff, the victim's mother discovered the bruising while giving him a bath on July 23. The suspect, who also lives in the home, was interviewed and admitted he was intoxicated on the evening of July 22 when the mother wasn't home. The baby began crying and he told federal investigators that he was "drunk and irritated" and grabbed the child out of the crib violently, squeezed him and threw him back into the crib. Among some of his statements were: "I really didn't mean to do it.

It happened so quick." "I'm sure I was a little too rough with my hands and whatnot." Staff at Flagstaff Medical Center's Safe Child Center documented substantial bruising. Staff wrote, "A 3-month-old patient with extensive bruising and patterned injury without a history of accidental trauma is very concerning Severe contusions can cause life-threatening internal injuries." Deshontae Blackman, no age listed, was charged with one count of assault resulting in seripus bodily injury. Sun staff reports Defense gives closing arguments in killer's trial PHOENIX (AP) A man facing a possible death sentence in Phoenix's so-called serial shooting case told jurors Tuesday he pleaded guilty to two murders so he could testify against his partner in the random attacks. "It was just too much too much pain caused, too many innocent people hurt," Samuel Di-eteman said during the penalty phase of his trial. "I just couldn't allow that to happen, to go unpunished." Prosecutors countered that Di-eteman who faces life in prison or the death penalty had the chance to end the bloodshed by turning in Dale Hausner but didn't take it.

The gunmen terrified Phoenix as they preyed oh pedestrians, bicyclists and animals in a 14-month spree that left eight people dead and many more seriously wounded. The violence ended in August 2006 when both Dieteman and Hausner were arrested at an apartment they shared. Dieteman, 33, was a key witness against Hausner, 36, who was handed six death sentences earlier this year. Dieteman pleaded guilty to two killings. officers' jobs By DAILY SUN STAFF The city of Flagstaff will continue to keep five police officers scheduled for layoff after receiving a $1.3 million grant from the federal government.

The federal Community Oriented Policing Services Program will allow the Flagstaff Police Department to keep a total of six officer salaries and benefits for a total of three years, according to information from U.S. Rep. Ann Kirkpatrick, D-Flagstaff. The COPS Hiring Recovery Program is helping fund the retaining of 56 officers statewide. Police Chief Brent Cooper said the department essentially held onto five officers from July to Oct.

in the hope that the grant was going to come through. "It also means the potential for layoffs next year for police officers should be averted," Cooper added. The grant is part of $12 million being allocated to the state through the American Recovery and Reinvestment Act. "I am very pleased that Flagstaff, along with other agencies in the district, received funding," Kirkpatrick said in a statement. "With this investment, we will be creating jobs and giving our law enforcement the resources they need to protect us." Of Kirkpatrick's support, Cooper said in the statement, "We had come to her several months ago with our budgetary concerns, and it was obvious she was extremely interested in working with us.

I very much appreciate her getting involved." Court hears case of Jeffs' polygamous church land SALT LAKE CITY (AP) -Members of a polygamous church plan to rally outside a courthouse as a judge considers whether to allow the sale of a 438 -acre parcel of land where the church, headed by jailed leader Warren Jeffs, had planned to build a temple. Known as Berry Knoll, the land is part of the United Effort Plan Trust, a communal land trust tied to the Fundamentalist Church of Jesus Christ of Latter Day Saints. The trust has been under court control since 2005 when state attorneys alleged Jeffs had mismanaged it assets. Court -appointed accountant Bruce Wisan wants to sell the northern Arizona land to pay off a portion of the nearly $3 million in debt incurred since he took over the trust. "We think it's necessary, we think it's prudent for the trust," Wisan's attorney, Jeff Shields, said of the sale, which was first proposed last fall.

Shields said the property would sell for more than $3 million at the current sale price of $7,000 per acre. But the FLDS contend water rights on the land place the value at closer to $20,000 per acre. A hearing is set for today before Judge Denise Lindberg in 3rd District Court in Salt Lake City. IN BRIEF Mingus Mountain area burn scrubbed PRESCOTT (AP) The U.S. Forest Service says weather conditions have canceled a prescribed burn on approximately 600 acres south of Mingus Mountain and east of Kendall Peak.

The burn was scheduled for Wednesday through Friday. The burn was to be part of an ongoing project to reduce the risk of catastrophic wildfire on the Prescott National Forest. There was no immediate word Tuesday from forest officials if the prescribed burn would be rescheduled. Hard times lead to more power cutoffs in Phoenix PHOENIX (AP) Two Phoenix-area electric utilities cut off power to more homes in June of this year than in June of 2008. Hard economic times and higher rates led consumers to fall behind in their bills.

Arizona Public Service Co. raised average household monthly rates about $4.50 in December, and Salt River Project raised its average bill about $4.70 in October. Three Buffalo Soldiers reburied Tuesday SANTA FE, N.M. (AP) -Three members of the famed Civil War-era Buffalo Soldiers, whose remains were disinterred during a federal grave-looting investigation two years ago, were given full military honors and reburied Tuesday at a national cemetery. In an emotional tribute more than 130 years after their deaths, U.S.

Army Pvts. Thomas Smith, Levi Morris and David Ford were laid to rest in wooden boxes at the Santa Fe National Cemetery. Sketches of their faces adorned posters nearby. Members of the Tucson -based Arizona Buffalo Soldiers Association, in full period dress, served as pallbearers. Arizona's U.S.

attorney announces resignation PHOENIX (AP) Arizona U.S. Attorney Diane Humetewa (hoo-MEE'-tee-wah) announced Tuesday that she will resign. Humetewa was appointed by President George W. Bush's administration after several U.S. attorneys were fired in midterm, including Phoenix lawyer Paul Charlton.

Humetewa is a member of the Hopi Tribe and had been the first American Indian woman to serve as U.S. attorney. Her last day will be Aug. 2. President Barack Obama has nominated the former chief of staff for ex -Arizona Gov.

Janet Napolitano as the next U.S. attorney for Arizona. Dennis Burke served as Napolitano's chief of staff for more than 10 years before resigning to campaign for Obama in 2008. The post requires Senate LOTTERY Pk 5:28, 14, 7, 34, 13 1. 21.

22. 8 Pick 3: 0,9, 4 Obituary policy The Daily Sun will publish obituaries free of charge for persons who have lived or worked in Coconino County, including Flagstaff, Williams, Sedona, Page, Grand Canyon and the Navajo and Hopi reservations. Also included is Winslow in Navajo County. For more information or to obtain a news obituary form, contact the newsroom at 556-2241, or submit it online at azdsnewsazdailysun.com. Other numbers For commercial printing, call 556-2284.

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on weekdays, 10:30 the community almanac a.m. on Saturdays and noon on calendar, submit it online at Sundays. Because of distance, www.azdailysun.com; or email this service is not available in calendar editor Abbie GrPn outlying areas. Rural subscrib- at agnpmanazdailysun.com OBITUARIES Bryce L. Gillies Bryce L.

Gillies, a third-year physics major at Northern Arizona University, died last week during a backpacking trip in the Grand Canyon. He was 20. Mr. Gillies, from McLean, Va was a Wilson Hall resident who recently returned from Yua, Ghana, where he was working with the NAU chapter of Engineers without Borders. "While working in Ghana, often in difficult circumstances and with limited resources, Bryce embraced the frequent challenges confronting the team," said Aaron Denham, assistant professer of anthropology.

"If it weren't for Bryce's problem solving, leadership and other exceptional efforts, the EWB projects this year would not have been successful. He is remembered not only for his remarkable intellect and astute problem solving abilities, but as a kind, compassionate and positive person." Benjamin Moan, a research specialist at the Merriam Powell Center for Environmental Research and former chapter president of Engineers without Borders, said, "I think Bryce really wanted to make a positive difference in the world, through a career in physics or engineering. He was very intelligent and had the skills to do it. He will be deeply missed." Mr. Gillies graduated from McLean High in 2007 and had taken courses at George Mason University.

An Eagle Scout who chose Northern Arizona University in part because of the area's beauty, he was an outdoor enthusiast who had hiked the Appalachian Trail, learned to kayak and to rock climb. He is survived by his parents, Randy and Warna Gillies of McLean, and a brother, Neal. A service in Virginia will be Aug. 8 at the Falls Church, 115 E. Fairfax Falls Church, VA 22046, (703)889-8117.

A memorial service in Flagstaff will be announced after the fall semester begins. Assoc. 0 Audit Bureau of Circulations.