News & Updates

Three Democratic senators asked Chief Justice Stuart Rabner to investigate allegations that a Republican legislator pressured superior court judges regarding a judicial nomination. According to the senators, the Republican lawmaker told two judges facing re-nomination that the governor would “end their judicial careers” if they did not persuade Democrats to sign off on the governor’s nominee.

Governor Christie nominated a sitting superior court judge, and former federal and state prosecutor, to the supreme court. In recent months, two Christie nominees have been rejected by the senate judiciary committee. Christie’s only other supreme court nominee waited one year before being confirmed by the legislature.

Though plaintiff attorneys and their firms typically back Democratic judicial candidates, Republican chief justice candidate Roy Moore has received $55,000 from these groups. The supreme court is composed of nine Republicans, and Moore’s is the only race of five on the ballot where there is a Democratic opponent.

The judicial council forwarded to Governor Parnell the names of two potential appointees for the supreme court vacancy created by Justice Morgan Christen’s move to the U.S. Court of Appeals for the Ninth Circuit. The governor must appoint one of the two within 45 days. In his 16 judicial appointments to date, the governor has favored individuals who have conservative or traditional Christian backgrounds.

The American Bar Association (ABA) weighed in on the federal judicial nominations that are languishing in the U.S. Senate. On June 20, ABA President Wm. T. (Bill) Robinson III sent a letter on behalf of the ABA to Senate Majority and Minority Leaders expressing concern over judicial vacancies and urging the Senate to vote on those pending appellate court nominees who have strong bipartisan support. 

The judicial selection commission sponsored by Senators Inouye and Akaka submitted to the senators a list of three candidates for an upcoming vacancy on the U.S. District Court for the District of Hawaii. The vacancy is due to Judge David Ezra taking senior status on June 27.

Governor Abercrombie appointed Circuit Court Judge Richard Pollack to the supreme court. Pollack was one of five nominees submitted by the judicial selection commission. This was Governor Abercrombie’s second appointment to the supreme court of his eighteen-month tenure, and he may have the opportunity to fill a third seat on the five-member court.

Two of the three supreme court justices up for reelection face challengers in the Republican primary. One justice’s opponent is running to “expose the corrosive influence of big business on the court,” while the other justice’s opponents “want to restore integrity to the court.” The third justice up for reelection faces a Democratic challenger in the general election.

The house judiciary committee tabled by a 13-12 vote a measure calling for merit selection of the state’s appellate judges, and it is unlikely that it will come up again before the legislature’s summer recess. Supporters credit trial lawyers and anti-abortion activists who oppose the measure with blocking its consideration.

The proposed 2012 platform of the Iowa Republican Party calls for state legislators to impeach judges who recognize a right to same-sex marriage and supports eliminating the role of the state judicial nominating commission in selecting judges and requiring senate confirmation. The platform will be voted on a the party convention.

After the governor failed to make a judicial appointment within the 30 day limit, the judicial selection commission made the appointment from its list of well-qualified nominees. The governor had selected the same nominee, but he was two days late in doing so.

The judicial selection commission sponsored by Senators Inouye and Akaka submitted to the senators a list of three candidates for an upcoming vacancy on the U.S. District Court for the District of Hawaii. The vacancy is due to Judge David Ezra taking senior status on June 27.

The state bar association gave a supreme court candidate a “not recommended” rating for the first time since 1998, indicating that less than sixty percent of bar members gave her a favorable evaluation. Three supreme court seats are up for election this year, with one incumbent justice running unopposed.

The appellate judicial commission invited applications for the supreme court vacancy to be created by Judge Ray Price’s October retirement. In announcing his plans to retire, Judge Price expressed his support for the state’s merit selection system and his hope that it would be used to choose his successor.

A November ballot measure known as Proposition 115 would make two fairly substantial changes to the judicial nominating process, by requiring the commission to submit eight names (rather than at least three) to the governor for possible appointment and by limiting the role of the bar in selecting attorney commission members.

Although Chief Justice Castille requested in early May that Governor Corbett hold off making any judicial appointments until 2013 for budget reasons, Corbett announced six nominees for county and municipal court vacancies. Several days earlier, the governor had nominated his chief of staff to another judicial vacancy.

In Michigan, where three of the seven seats on the state supreme court are on the ballot in November, there is much attention focused on its Judicial Selection Task Force's recent recommendations. IAALS Executive Director Rebecca Love Kourlis and Chief Justice Ruth McGregor (Ret. – AZ), Chair of the O'Connor Advisory Committee to the Quality Judges Initiative, testified before this group and participated in a public forum last year.

In the sole supreme court race this fall, both the incumbent and the challenger have qualified for public financing, but a super PAC known as N.C. Judicial Coalition has formed to support the incumbent. The election will determine whether the 4-3 balance on the court will tilt in favor of conservative or liberal justices.

The state Republican Party moved for a preliminary injunction against enforcing a law barring political parties from endorsing, contributing to, or making expenditures on behalf of nonpartisan judicial candidates. Lawyers for the state argued that the law promotes “a compelling interest in making sure its elected judiciary is fair and impartial.”

In response to concerns expressed by senate Democrats about a supreme court nominee’s lack of courtroom experience, Governor Christie noted that the state bar association found the nominee to be qualified, but the nominee was ultimately rejected by a 7-6 vote. He would have been the first openly gay justice and the third African-American to serve on the supreme court.