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On March 3, 1884, following the death of Justice [[A. W. Sheldon]], President Arthur nominated Fitzgerald for a seat on the Arizona Territorial Supreme Court. [[Senate confirmation]] occurred a week later.{{sfn|Goff|1975|p=98}} Fitzgerald was assigned to judicial district one, consisting initially of [[Graham County, Arizona|Graham]], [[Pima County, Arizona|Pima]] and [[Pinal County, Arizona|Pinal]] counties and changed to [[Cochise County, Arizona|Cochise]], Graham, and Pima counties in 1885, and made his home in [[Tucson, Arizona|Tucson, Arizona Territory]].{{sfn|Goff|1975|p=98}} Only a single ruling survives from his time on the Arizona bench, ''Smith v. County of Mohave'', (1885) 2 Arizona 27. The one-page ruling determined that an 1881 act by the legislature did not remove the right to file [[lawsuit|suit]] against an Arizona county.{{sfn|Goff|1975|p=98}}
The inauguration of [[Grover Cleveland]] in 1885 signaled the end of Fitzgerald's time on the Arizona bench. The judge was popular among the territorial population and protest meetings were organized to fight the expected removal.{{sfn|Goff|1975|p=98}} Despite these efforts, President Cleveland named Fitzgerald's replacement, [[William H. Barnes (jurist)|William H. Barnes]], on October 23, 1885.{{sfn|Goff|1975|p=98}}<ref>{{cite news|url=http://chroniclingamerica.loc.gov/lccn/sn83045462/1885-10-23/ed-1/seq-1/#words=Arizona+William+Barnes&proxtext=william+barnes+arizona|title=Changes in Offices|date=October 23, 1885|work=Evening Star|page=1|location=Washington D.C.}}</ref>
==California==
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