News & Updates

The same group that led the effort to unseat three justices in the 2010 retention elections announced that it will challenge the sole justice on the ballot this November, Justice David Wiggins, because of his participation in the 2009 unanimous decision that overturned the state’s ban on same-sex marriage.

Governor Lynch nominated Concord attorney Jim Bassett to fill a vacancy on the supreme court. His nomination must be confirmed by the executive council following a public hearing. Some legislators expressed concern that Bassett lacks judicial experience, but opposition may also stem from the governor’s lame-duck status.

Today, Senators Mark Udall and Michael Bennet announced the formation of a bipartisan, 11-member advisory committee that will implement an open process to recommend highly qualified applicants to fill a vacancy on the U.S. District Court in Colorado. Rebecca Love Kourlis, Executive Director of IAALS, is a co-chair of the committee.

Confirmation of judicial nominees has been a contentious issue this year, and on May 7, 2012, lawyers, legal experts, and advocacy groups met with the White House to discuss judicial vacancies and the confirmation process. 

The Obama administration’s efforts to diversify the federal judiciary continue. Nancy Torresen, the first female judge in the U.S. District Court for the District of Maine, was formally sworn into office on May 3, 2012.

The senate approved a bill that would alter the process for nominating appellate judges. The judge member of the appellate judicial commission would be replaced by a gubernatorial appointee.

As of mid-April, the three supreme court justices standing for retention in November had each raised between $156,000 and $160,000 for their retention effort, most of which came from lawyers and law firms. Committees handle the justices’ campaign finances, as the code of judicial conduct bars them from personally soliciting contributions.

In the context of retention opposition campaigns against three supreme court justices, the Florida Bar, the American Bar Association, and the League of Women Voters of Florida launched a “The Vote’s in Your Court” public education campaign.

An effort to impose seven-year term limits on judges failed to pass the house and is dead for this legislative session. New Hampshire is one of three states where judges serve for life, or to a mandatory retirement age of 70.

Of the races on the ballot in the May Democratic primary elections, the two supreme court races are the most expensive so far, with the six candidates having spent $1.4 million.

The governor asked a judicial nominating commission to submit the name of more than one candidate for a district court judgeship for which only four attorneys applied. All four applicants—two Republicans and two Democrats—are also running for the seat in November. The commission responded by soliciting additional applicants but did not promise to nominate more candidates.

Despite an earlier agreement to move forward with Senate confirmation of judicial nominees, Senator Al Franken and others report that the process remains acrimonious. Nearly one in 10 seats on the federal bench are currently empty.

A judicial selection task force made seven recommendations and offered draft legislation to improve the process for selecting supreme court justices. Recommendations including nominating candidates in open primaries rather than through party conventions, full disclosure of campaign spending, and the use of a vacancy nominating commission to fill judicial vacancies between elections.

The senate approved a proposed constitutional amendment that would allow the governor to appoint appellate judges with legislative confirmation. The proposal would give the general assembly sixty days to act on a nomination or it would automatically be confirmed. The house later approved the same measure. If approved by a two-thirds vote of the general assembly in 2013, the proposal will go before the voters in 2014.

The senate voted unanimously to replace the existing judicial disciplinary body—the court on the judiciary—with a new entity known as the board of judicial conduct. The state bar and the supreme court would no longer have a role in selecting members of the disciplinary body, and greater transparency in its work would be required.

Numbers may prevent a disciplinary complaint against Justice David Prosser from going any further. Prosser formally requested that two justices recuse themselves from consideration of the complaint against him, and he asked personally that two other justices recuse themselves, on the grounds that these justices were witnesses to the incident that gave rise to the complaint.

A Republican legislator called for an investigation into whether three supreme court justices violated state election law in using court employees to help file their retention candidacy paperwork. The justices learned on the day of the deadline that their financial disclosure forms were incomplete and called a court recess to finalize their submissions.

The three supreme court justices standing for retention in November share major campaign contributors with Fair Districts Now, an organization that supported redistricting amendments considered by the court in February.

Republican Allen Loughry, who is running for the supreme court of appeals, is the only one of eight candidates to seek public campaign financing through the state’s pilot program. The public financing program provides $50,000 to uncontested primary candidates, minus what they raised to qualify, and $350,000 for the general election.

A district court judge may have violated the state’s code of judicial conduct by writing a letter soliciting campaign contributions for a fellow judge who is running for a state supreme court seat. If a complaint is filed and found to have merit, the judge could be subject to disciplinary action ranging from admonishment to removal from the bench.