News & Updates

Sixteen of the 22 applicants for a supreme court vacancy are women. Indiana is one of three states without a woman on its high court. This will be Governor Daniels’ third appointment to the five-member court.

A state prosecutor announced that no charges would be filed against the three justices standing for retention in November. Governor Scott asked the state law enforcement agency to investigate whether the justices had violated state law in having court employees notarize campaign documents during working hours in order to meet a filing deadline, but according to the prosecutor, this cannot reasonably be described as furthering the justices’ campaigns.

As a result of a split vote on the issue by the supreme court, Justice Michael Gableman will not be required to recuse himself from cases involving a law firm that provided him with free legal representation in an ethics case in 2010.

Two supreme court justices are disputing which of them has seniority and should replace Chief Justice Kitty Kimball when she steps down next year. Justice Bernette Johnson was serving on an intermediate appellate court in 1994 when she was appointed to the supreme court as part of a federal consent decree, and she was elected in 2000.

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.

A group known as Defend Justice from Politics formed to support the three justices up for retention in November.

Citing the “Rule of Necessity” and the fact that he did not witness one of the events that gave rise to the case, Justice Patrick Crooks declined to recuse himself from the discipline case involving Justice David Prosser. Prosser and Justice Patience Roggensack have recused themselves, and Prosser requested that his other colleagues do so as well.

The state election commission voted to postpone consideration of whether the “rescue funds” provision of the public financing pilot program for supreme court candidates survived a 2011 U.S. Supreme Court decision that struck down a similar provision in Arizona’s program, reasoning that the provision has not yet come into play in this year’s races.

A Democratic Party committee chose a state senator to run against Justice Terrence O’Donnell in November, following the previous candidate’s withdrawal from the race in April due to lack of campaign funds.

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 lone Democrat on the supreme court defended her colleagues against attacks from her Republican challenger. Justice Yvette McGee Brown rejected the claim that the justice legislate from the bench and described herself as proud to serve on the court.

The newly-formed Oklahoma Civil Justice Council is developing a judicial rating system that will rate court of civil appeals and supreme court judges on a scale of zero to 100, on the basis of their support for expanding business liabilities. The Council and its rating system are being backed by the State Chamber of Oklahoma and local Chamber affiliates. 

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.