News & Updates

A trial court judge who was removed from office on July 31 for ethics violations was one of the top-two vote getters in the August 7 primary election for her seat and will advance to the general election. According to the supreme court, her removal extends only through the end of the year.

Conservative candidates for the state senate defeated moderates in at least seven Republican primary contests, making it likely that conservatives will hold 27 of 32 GOP seats in the 40-member senate in 2013-14. One of their key policy priorities is expected to be moving from merit selection of appellate judges to gubernatorial appointment with senate confirmation.

In a state where judicial elections are nonpartisan in the sense that party affiliation does not appear on the ballot, the state Republican party endorsed three supreme court candidates, including two incumbents.

The state AFL-CIO endorsed the Republican candidate for chief justice, Roy Moore. Though the organization usually backs Democratic candidates, its president said that Moore has a record of “treating the average person fairly in court.” Moore has also received $55,000 in contributions to date from plaintiff attorneys.

The outcome of a supreme court race has led some to question the role of ethnicity in judicial elections. Incumbent justice Steve Gonzalez’s opponent did not raise money or campaign but still garnered 42 percent of the vote. Observers note that voters who lack information about judicial candidates often cast their votes based on race, sex, and other factors unrelated to qualifications.

The Iowa State Bar Association has released its biennial survey of practicing attorneys on judges and justices up for retention this November.  The survey showed high approval ratings for all Iowa judges and justices, and the Bar Association plans to “urge voters this fall to retain all judges.”

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.

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.

In a guest post on Justice at Stake's Gavel Grab, Natalie Knowlton (Manager, Quality Judges Initiative) discusses the release of IAALS' Cornerstones of State Judicial Selection: Laying the Foundation for Quality Court Systems and Judges. Cornerstones…

An error and vague wording on election-related materials could affect the outcome of a supreme court race. In King County, both the judicial primary ballot and the judicial voter pamphlet indicate that the top two vote-getting candidates in a supreme court race will advance to the general election, when in fact, this two-person race will be decided in the primary.

The Nebraska State Bar Association’s 2012 Judicial Performance Evaluation results have been released, showing positive ratings for judges across the state, and the Bar has developed a radio spot to draw attention to this resource for voters. Nebraska uses the “Missouri Plan” for selecting judges and after appointment judges serve an initial term of three years before standing for a retention vote.

Eleven of 12 court of appeals judges and two of five supreme court justices have recused themselves from hearing an appeal involving a constitutional challenge to the state’s process for selecting appellate judges. John Jay Hooker, who filed and lost a similar suit in the late 1990s, claims that the constitution requires judges to be elected rather than appointed and that elections should be by grand division rather than statewide.

Earlier this year, the Kansas Senate rejected by a 22-17 vote a proposed statute that would have eliminated the role of the nominating commission in screening court of appeals candidates and required senate confirmation of gubernatorial appointments—a move strongly favored by Governor Brownback and conservative legislators.

State supreme court campaigns have set national fundraising and spending records in recent years, but this year’s races are relatively inexpensive with candidates raising just over $1 million to date.

Denver, Colo. – IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announces the release of Cornerstones of State Judicial Selection: Laying the Foundation for Quality Court Systems and Judges, a new publication from IAALS' Quality Judges Initiative.

From a pool of 22 applicants, the judicial nominating commission identified ten semi-finalists for a supreme court vacancy, including six women and four men. The commission will narrow the list to three finalists in early August.

Fourteen attorneys, including six court of appeals judges, applied to fill the vacancy created by Justice Andrew Hurwitz’s move to the U.S. Court of Appeals for the Ninth Circuit. Only four of the fourteen applicants are Democrats. Governor Brewer’s first two appointees to the five-member court were Republicans.

In addition to the court of appeals vacancy for which the commission on judicial nomination is currently accepting applications, there are several upcoming vacancies on the seven-member court. Two justices will reach the mandatory retirement age of 70, and one justice’s term will end, in 2014. Two more justices reach mandatory retirement in 2015 and 2016.

Governor Martinez asked the judicial nominating commission to submit more names for a trial court vacancy, after the commission forwarded the name of one of only two applicants. The nominating commission reopened the application period and will submit any additional potential appointees to the governor in late August. If the governor declines to make an appointment, the supreme court will fill the seat.