News & Updates

The supreme court adopted new rules that bar individual judges from taking budget requests and suggestions for revisions to the law directly to legislators without first getting appropriate approval. These rules are in response to judges’ role in lobbying lawmakers for a $50 million courthouse that has been labeled “Taj Majal.”

A state senator criticized Governor Christie for not taking action on longstanding superior court vacancies. A shortage of judges recently led to a four-month suspension of civil trials in the state’s busiest courthouse. Christie responded that he will address those vacancies after the senate has voted on pending nominations.

By a 5-4 vote, the state judicial nominating commission voted to bar its members from contributing to or actively participating in any judicial race in the state, including the retention elections of three supreme court justices. Those who voted in favor of the policy want to avoid the appearance of impropriety, while those who voted against it believe that public disclosure of support for a candidate would be sufficient.

All eight candidates for the state’s appellate courts qualified for public financing, with supreme court candidates receiving $240,100 each and court of appeals candidates receiving $164,400. At least two outside groups are raising and spending funds in support of the Republican supreme court candidate.

The house judiciary committee rejected by a 7-7 vote a proposal calling for all of the state’s judges to be chosen in popular elections. A majority vote was needed for the bill to advance to the full legislature. The measure also failed to get a majority vote in the senate finance committee.

Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan recently joined Justice Sandra Day O'Connor, the honorary chair of our O'Connor Advisory Committee, at the Newseum to commemorate the 30th anniversary of Justice O'Connor's first term on the Court.

The state legislature approved a new judicial discipline system, calling for replacing the existing disciplinary body—the court on the judiciary—with an entity known as the board of judicial conduct. The ten judge members will be appointed by judicial organizations, rather than by the state bar and the supreme court, and the six non-judge members will be chosen by the governor and the speakers of the house and senate.

The U.S. Court of Appeals for the Eighth Circuit upheld a lower federal court decision that rejected a challenge to the role of lawyers on the state’s judicial nominating commissions. The lawsuit alleged that it is unconstitutional for the lawyer members to play a part in selecting judges because they are chosen by the state bar association, rather than by voters or an elected official.

Governor Haslam indicated that he would support moving to a federal selection system for the state’s appellate judges, after a senate committee approved such a proposal. Earlier this year Haslam joined with Lieutenant Governor Ramsey and House Speaker Harwell to sponsor a bill that would constitutionalize the current merit selection and retention plan. A third measure calling for contested elections of judges is also under consideration.

Supreme court justice Joan Orie Melvin’s sister was convicted on 24 corruption charges, but not on theft and ethics-related charges involving the justice’s past campaigns. Legal experts said this did not rule out a grand jury indictment of Justice Melvin.

The Republican candidate for attorney general voiced his support for moving to a federal system of selecting judges. Such a proposal passed a house committee in March and is under consideration in the senate judiciary committee.

Justice Frank Sullivan announced his intention to step down by the end of August, allowing Governor Daniels to make his third appointment to the high court. It also presents another opportunity to appoint a woman to the all-male court.

His fellow supreme court justices elected Justice Ricky Polston to serve as the next chief justice. The position rotates among the court’s members. Polston was appointed to the court in 2008 by Governor Crist.

Two supreme court races are on the ballot in November, with two Republicans and six Democrats vying for the seats. As the May 8 primary approached, the candidates expressed differing views on judicial recusal, public financing for judicial campaigns, and the need for an intermediate appellate court.

Competing proposals for judicial recusal were offered by the chief justice and a supreme court candidate. One plan would allow the other justices to determine when a colleague should recuse, while the other would leave the decision to an independent person or group. The full court must approve a rules change.

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.

Commentators speculated that this year’s judicial races could break past records for campaign spending. In 2010, with two seats on the ballot, $11 million was spent on TV ads alone, most of which were negative in tone and were funded by outside groups not required to file campaign finance reports.

The three supreme court justices up for retention in November are, reluctantly, campaigning to keep their seats. An effort known as Restore Justice 2012 has been launched to defeat them, citing “activist” decisions in cases involving health care, school vouchers, and corporate liability.

In an en banc ruling, the U.S. Court of Appeals for the Eighth Circuit restored provisions of the state code of judicial conduct that bar judges and judicial candidates from personally soliciting or accepting contributions from groups of fewer than 20 people, and from endorsing other political candidates.

Chosen by a vote of his fellow justices, Matthew Durrant was sworn in as chief justice. Durrant replaces Christine Durham, who stepped down after ten years as chief but remains on the court.