News & Updates

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.

Governor Daniels selected attorney Mark Massa to replace the retiring Randall Shepard on the supreme court. The state judicial nominating commission will choose one of the five sitting justices to replace Shepard as chief justice. Indiana is one of three states with no women justices on the highest court.

Having raised $1.2 million and received Mayor Emanuel’s endorsement, Mary Jane Theis defeated her opponents in the Democratic primary by a 2-1 margin. Theis was appointed to fill a supreme court vacancy in 2010 and will face the Republican candidate in November to keep her seat.

On March 14, Senate leaders agreed to move forward with confirmation votes for 14 judicial nominees who had earned unanimous approval from the Senate Judiciary Committee.  The deal avoided the need for procedural votes to force confirmation votes through the Senate floor.  On March 15, the Senate overwhelming voted to confirm two federal district court judges.

For the first time in history, the senate judiciary committee rejected a supreme court nominee. Governor Christie attributed the 7-6 vote not to confirm his nominee to an attempt by Democrats to appease unions after voting last year to revamp public employee health insurance and pension benefits.

The house judiciary committee approved by a 9-6 vote a measure that would constitutionalize the Tennessee Plan for selecting judges.

A district court judge struck down a ballot referendum scheduled for the June primary that called for the election of supreme court justices by district rather than statewide. According to the judge, the measure would alter the constitutional qualifications for service on the supreme court.

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 state judicial commission is investigating an ethics complaint against Justice David Prosser, stemming from a physical altercation with another justice. The supreme court will ultimately decide whether sanctions should be imposed, and Prosser is expected to ask those colleagues who witnessed the incident to recuse themselves.

The court of appeals ruled that Clear the Bench Colorado is a political committee, rather than an issue committee, and thus is subject to contribution limits of $525 per contributor per election cycle. The group formed in 2009 to challenge the retention of four supreme court justices. 

A state bar task force is considering a variety of judicial election reforms, including creating a response committee to identify false statements made in judicial campaigns, providing a voter guide with information about judicial candidates, and encouraging candidates to sign a “fair campaign” pledge.