News & Updates

In the final days of North Carolina Governor Bev Perdue's term, she will be filling the supreme court vacancy created by the unanticipated retirement of Justice Patricia Timmons-Goodson. Given the short time frame in which the appointment must be made, the governor has decided to forego use of the judicial nominating commission and make a direct appointment. As a necessary step, she entered Executive Order 137, “temporarily modifying” the selection process for all vacancies that may arise before she leaves office. We understand the time constraints but lament her decision.

The campaign for a seat on Louisiana’s supreme court has taken a negative turn, with the Democratic candidate sponsoring an ad attacking Republican Jeff Hughes’ record as a trial court judge.

As IAALS Online has covered previously, Governor Brownback and conservative state legislators are expected to pursue changes to the process for choosing Kansas’ appellate judges in the upcoming legislative session. An unfavorable judicial decision in a school funding case could lend momentum to those efforts.

A contentious and likely expensive supreme court campaign is expected in April 2013, with Justice Patience Roggensack seeking reelection and at least three candidates expressing interest in challenging her. The outcome of the race has the potential to alter the ideological balance on the seven-mamber court, as Justice Roggensack is part of the court’s four-member conservative majority.

In a recent article, the Economist discusses how "money and back-room politicking are contaminating the selection of judges." The relative ease with which partisan groups can reach voters during a contested judicial election cycle has caused an ever-increasing flood of money to pour into judicial elections. As a result, a candidate's financial and political backing now outweighs their actual qualifications in determining who serves on the bench.

When they return in January, South Carolina legislators will elect judges for nine new circuit and family court judgeships, providing critics of this selection process with an opportunity to press their case. Their concerns center on the judicial merit selection commission, a ten-member body appointed by legislative leaders—and including six legislators—that screens and recommends judicial candidates.

According to a 1974 amendment to Arizona’s constitution, counties with a population of at least 250,000 must select their superior court judges via commission-based gubernatorial appointment—a.k.a. merit selection—rather than in contested elections. Pinal County exceeded that population threshold in the 2010 census, but the transition to merit selection has not been a smooth one.

Governor Rick Perry appointed his chief of staff to fill a supreme court vacancy created by Justice Dale Wainwright’s September resignation. Governor Perry has a history of appointing close advisors to top state positions including seats on the high court.

Governor Sam Brownback and his conservative allies have gained substantial majorities in both houses of the Kansas Legislature as a result of the recent general election. With this support, it is predicted that in early 2013 Governor Brownback will propose a constitutional amendment replacing the current merit selection system for the Kansas Supreme Court and Court of Appeals with partisan elections along with term limits to create turnover on the benches.

People for the American Way lauded the work of a federal judicial screening committee established by Senators Udall and Bennet to assist them in recommending to the White House a replacement for a retiring U.S. District Court judge. Upon learning of Chief Judge Wiley Daniel’s plans to take senior status, the senators reactivated the 11-member bipartisan panel they have used for two previous vacancies.

Proponents of replacing Minnesota’s nonpartisan judicial elections with commission-based gubernatorial appointment, retention elections, and performance evaluation were pleased to see Democrats regain a majority in the legislature for 2013, believing that the reform movement lost momentum when Republicans took over in 2010.

The defeat of two incumbent supreme court justices has led some to consider making changes to the judicial election process. Neither justices’ qualifications were called into question, and both received higher ratings from the state bar association than did their challengers—one of whom was “not recommended.”

Senate Republicans are split on whether to consider confirmation of judicial nominees, many of which have been pending for several months, during the lame-duck session or wait until the next Congress.

In Bexar County, the recent election has produced another wave of straight-ticket voting on judges. Texas is one of only three states in which voters can cast a straight-party ballot for all candidates, including judicial candidates. This year, Democrats won all but one of the races, but in 2010, a similar partisan sweep resulted in Republicans winning every contested judicial race in Bexar County.

Following the defeat of a proposed constitutional amendment that would have given the governor greater authority in appointing nominating commission members and more discretion in selecting judges, supporters of the measure vowed to "regroup and move forward with something more aggressive" for 2014.

Two supreme court candidates who face a December runoff have taken different tacks in their campaigns. While one candidate has discussed his position as "pro-life, pro-gun and pro-traditional marriage" and a supporter of the death penalty, the other has not publicly shared his views because he does not want to risk having to recuse himself from hearing cases involving controversial issues in the future.

While the last decade has seen a sort of "nationalization" of state high court races, coverage of election night results remains below that of congressional races. In 2010, the National Center for State Courts (NCSC) attempted, thanks to advancements in reporting from the various secretaries of state as well as social media, to offer up election night coverage via Twitter (@StateCourts) and with a website dedicated to compiling the results. Coverage will be back again in 2012.

Addressing efforts to oust Justice David Wiggins from his seat on Iowa's high court because of an unpopular decision, the O’Connor Advisory Committee Chair, Justice Ruth V. McGregor, has written an op-ed about how special interest groups are "asking Iowa’s voters to disregard the fundamental principles of a state justice system that has served Iowa well."

An ad sponsored by the Washington, D.C.-based Judicial Crisis Network criticizes a supreme court candidate for volunteering to provide free legal representation to individuals suspected of terrorism. Spending on the ad is expected to top $1 million.

The ACLU of Indiana filed a constitutional challenge to the process for electing superior court judges in Marion County. Under a system that may be unique, voters in each of the major party primaries cast ballots for half of the judicial seats to be filled. This ensures partisan balance on the bench, but it also makes the general election a mere formality.