The U.S. International Trade Commission (ITC) has published a Notice of Proposed Rulemaking in the Federal Register. The ITC's proposed rules apply to 337 investigations, which involve allegations that a competitor is importing patent-infringing goods. The proposed rules closely follow the Federal Rules of Civil Procedure and seek to "make patent-infringement disputes more affordable by placing limitations on electronic discovery."

Governor Brownback’s chief counsel is among 21 applicants for a court of appeals vacancy. After screening and interviewing the applicants, the nominating commission will identify three candidates from which the governor must choose.

Recent polling indicates that the chief justice race between Judge Robert Vance Jr. and Roy Moore is a dead heat, a somewhat surprising turn of events given that Vance did not enter the race as the Democratic candidate until September. Since then, Vance has raised $500,000 and received endorsements from two prominent Alabama Republicans.

Following public interviews of 18 applicants and private deliberations, the appellate judicial commission selected three nominees for possible appointment to the supreme court vacancy created by Justice Ray Price’s retirement. Three interviewees were women and one was a minority, with six from outside metropolitan areas. Governor Nixon must make the appointment within 60 days.

Supporters of Amendment 3, which would alter the composition of the appellate judicial commission and require the commission to identify 4 (rather then 3) nominees for each vacancy, announced that they will not campaign for the amendment’s passage.

A radio ad funded by the American Justice Partnership highlights “eyebrow-raising” real estate transactions by a sitting justice who is not running for reelection, and a mailing from the Michigan Republican Party suggests that the Democratic supreme court candidates do not care about the potential mortgage fraud.

Governor Cuomo’s first appointments to the state’s appellate courts reflect an emphasis on diversity. Of the seven appointments, one judge is Asian, two are black, and one is openly gay. There is diversity in their professional backgrounds as well. The governor appoints judges to the appellate division from nominees submitted by a screening panel.

Critics of Justice Stephen David’s majority opinion in a 2011 Fourth Amendment case are challenging his bid for retention. The decision rejected the “Your home is your castle” doctrine as a defense to violent acts against law enforcement personnel. Justice Robert Rucker is also standing for retention, but he dissented in the case.

A grassroots organization known as Citizens for Judicial Integrity is campaigning against the retention of four Madison County judges. According to the CFJI website, the judges were elected with "huge contributions from judges and asbestos law firms" and are "responsible for a lawsuit explosion.”

This fall, judges are running in contestable elections in 32 states and standing in yes/no retention elections in 17 states. Judicial elections are typically low-information contests, where voters may cast their ballots based on party affiliation, name recognition, or ballot position rather than on qualifications and experience. But in a handful of states, voters will have the benefit of broad-based and objective evaluations of incumbent judges’ performance on the bench and, in one state, of the judicial potential of their challengers.

The state bar association launched a website to give voters more information about appellate judges standing for retention. The site explains the merit selection and retention system, provides bios and photos of judges on the ballot, and includes links to judges’ decisions. It was created in response to the judicial ratings issued by the state chamber-backed Oklahoma Civil Justice Council, based on judges’ rulings in civil liability cases.

All eight candidates for the state’s appellate courts qualified for public financing, with supreme court candidates receiving $240,100 each and court of appeals candidates receiving $164,400. At least two outside groups are raising and spending funds in support of the Republican supreme court candidate.