For Governor Dayton’s first appointment to the supreme court, the judicial selection commission nominated four candidates, including a U.S. attorney and three judges. The vacancy was created by Justice Helen Meyer’s retirement.

The August 2012 edition of Selection Snapshots is now available.

The supreme court reversed one of the revisions it made to the code of judicial conduct in January, removing a prohibition against judges making campaign contributions to political candidates. The state bar supported the move as preserving judges’ First Amendment rights, but critics argue that judges should stay out of politics.

In anticipation of confirmation hearings for Governor Christie’s two supreme court appointees, public employees unions expressed concern to the senate about the governor’s partisan approach to judicial appointments. They allege that the governor selected a Republican “posing as an independent” in order to observe the tradition of party balance on the supreme court.

The preliminary hearing in the criminal case against Justice Joan Orie Melvin began on July 30. Melvin faces charges that she violated state law by using court staff to assist in her 2003 and 2009 supreme court campaigns. Two staffers testified that they were uncomfortable with the political work they were asked to do. Of the nine counts recommended by the grand jury, the judge ruled that Melvin will stand trial on seven.

The state Republican Party chair called for voters to remove one of four supreme court justices standing for retention in November. Justice David Wiggins participated in the 2009 unanimous ruling that legalized same-sex marriage in the state, and three of his colleagues lost their bids for retention in 2010.

Our two-day E-Discovery Summit, which was held June 22-23, 2012, was highlighted this week in a LawWeek Colorado article, along with the release of...

A second justice has withdrawn from considering disciplinary charges against Justice David Prosser, with Justice Annette Ziegler joining Justice Pat Roggensack. Prosser has asked the other four justices to recuse themselves as well.

The commission on judicial qualifications will consider a disciplinary complaint filed against a district court judge for clicking “Like” on a Facebook post by a candidate for sheriff. According to the complaint, this violates the judicial canons of ethics that prevent a judge from “publicly endorsing or opposing another candidate for any public office.”

A hearing is scheduled for August 8 to address whether the three justices standing for retention in November should be removed from the ballot. In June, the Southeastern Legal Foundation filed a suit on behalf of two Florida voters alleging that the justices violated state law by using court employees to assist in filing campaign documents.

A federal judge struck down an aspect of the public financing program for appellate judges that provides rescue funds to judicial candidates who are outspent by privately funded candidates. The U.S. Supreme Court rejected a similar provision in Arizona’s public financing program in 2011, on the grounds that it infringed upon freedom of speech.

A district court candidate involved in a Republican runoff has taken the rare step of rejecting the voluntary campaign spending limits enacted by the Judicial Campaign Fairness Act of 1995. The built-in incentive to follow the limits is that, once one candidate refuses to comply, the other candidates in the race are no longer bound.