News & Updates

The plaintiff in a challenge to the constitutionality of the process for selecting the state's appellate judges asked two retired supreme court justices and a former federal judge to recuse themselves from a special five-member panel appointed by Governor Haslam to hear the case, alleging that as former judges "their impartiality might reasonably be questioned."

Senator Durbin of Illinois formed a thirteen-member, bipartisan screening committee to recommend potential candidates to President Obama for three judicial vacancies in the Northern District. Before making final recommendations, Durbin plans to consult with his Republican counterpart, Senator Kirk, who uses a similar committee process.

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.

A trial judge dismissed a lawsuit seeking to remove three supreme court justices from the November retention ballot, ruling that the two Florida voters who filed the suit lack standing. With the assistance of the Southeast Legal Foundation, the voters claimed that the justices violated state law by using court employees to assist in filing campaign documents.

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 commission on judicial performance released evaluation reports for 90 judges standing for retention in November. Only one judge—a county court judge in El Paso County—received a “do not retain” recommendation.

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.

Three justices of the supreme court of appeals recused themselves from hearing a constitutional challenge to the distribution of matching funds under the state’s pilot public financing program for supreme court races.

Justice Michael Gableman recused himself from considering charges of ethical violations against fellow justice David Prosser, making him the fourth justice of the seven-member court to do so and leaving the court without a quorum to hear the case.

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.

From two nominees submitted by the Alaska Judicial Council, Governor Parnell appointed Anchorage attorney Peter Maassen to fill the vacancy created by Justice Morgan Christen’s appointment to the U.S. Court of Appeals for the Ninth Circuit.

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.

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.

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.