News & Updates

In the wake of a 2011 U.S. Supreme Court decision that struck down the matching funds provision in Arizona’s public financing system, the secretary of state declined to enforce a similar provision in New Mexico’s program. However, a trial court judge ordered the official to release funds to at least one publicly funded candidate whose privately funded opponent has raised $139,000.

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.”

From thirty-one applicants for an upcoming supreme court vacancy, the judicial nominating commission submitted the names of seven candidates for possible appointment to Governor Deal.

The judicial commission called for the discipline case against Justice David Prosser to be sent to a panel of three court of appeals judges. The role of such a panel is to recommend to the supreme court what, if any, disciplinary action should be taken, but it is unclear whether the supreme court must call for a panel’s consideration of the case.

At a recent campaign appearance, Justice Barbara Pariente cautioned that a November vote not to retain her and two fellow justices who are also on the ballot would allow Governor Scott to make "partisan judicial appointments."

The content of fliers used in a trial court judge's reelection campaign raised ethical concerns, leading some to call for an inquiry by the state commission on judicial conduct. The fliers tout recent decisions in which the judge sided with oil drillers against the EPA and feature images of Rush Limbaugh.

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.

Governor Corbett attracted criticism with his first judicial appointment since taking office, choosing his close friend and chief of staff without consulting court officials and lawmakers as is the custom. The appointment requires senate confirmation.

Following Justice Evelyn Lundberg Stratton’s announcement that she will retire in December with two years remaining in her term, the editorial board of the Cleveland Plain Dealer called for Governor Kasich to use a committee to screen and recommend qualified candidates for appointment to her seat. Such committees are used to fill mid-term vacancies in eleven states that elect their judges.

The judicial nominating commission is considering applicants for the vacancy that will be created by the July retirement of Justice George Carley. Since taking office, Governor Deal has made an unprecedented number of appointments to fill mid-term judicial vacancies.

Two recent opinion pieces in the New York Times discussed the reforms recommended by Michigan’s Judicial Selection Task Force, which included better disclosure requirements, open primaries, and campaign oversight committees. Three of the seven seats on the state supreme court are on the ballot this fall.

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.

By a 4-3 vote, the supreme court declined to reappoint the chair of the Wisconsin Judicial Commission, which recently found probable cause that Justice David Prosser violated three parts of the state’s code of judicial conduct and recommended a trial by a panel of three intermediate appellate court judges.

The general assembly opted not to elect a judicial candidate who would have been the state’s first openly gay judge. Opposition to his election focused on his positions on gay marriage and the military’s now-repealed “don’t ask, don’t tell” policy.

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.

A New York Times commentary discussed the reforms recommended by the Michigan Judicial Selection Task Force, which included better disclosure requirements, open primaries, and campaign oversight committees. The piece closed by calling for replacing judicial elections with gubernatorial appointments based on merit and lamented that not all task force members supported such a reform.

A grand jury charged Justice Joan Orie Melvin with four felonies and five misdemeanors related to her use of state staffers in her 2003 and 2009 judicial campaigns. Justice Melvin issued a statement announcing that she would voluntarily step aside from the court but was not resigning. The supreme court later suspended her from all judicial and administrative duties.

By a unanimous vote, the judicial nominating commission selected Justice Brent Dickson to serve as chief justice of the supreme court. Dickson had the support of his fellow justices and Governor Daniel.

In November, voters will decide whether to make changes to the composition of the appellate judicial commission, which screens and nominates potential appointees for the supreme court and court of appeals.

In the May 8 Democratic primary, an incumbent justice and a county attorney won the nomination. According to campaign finance reports filed at the end of April, the winning candidates were also the biggest spenders. The two Democratic candidates will face two Republican candidates, one of whom opted for public financing, in November.