The outcome of a supreme court race has led some to question the role of ethnicity in judicial elections. Incumbent justice Steve Gonzalez’s opponent did not raise money or campaign but still garnered 42 percent of the vote. Observers note that voters who lack information about judicial candidates often cast their votes based on race, sex, and other factors unrelated to qualifications.
A trial judge dismissed a lawsuit seeking to remove three supreme court justices from the November retention ballot, ruling that the two Florida voters who filed the suit lack standing. With the assistance of the Southeast Legal Foundation, the voters claimed that the justices violated state law by using court employees to assist in filing campaign documents.
The state AFL-CIO endorsed the Republican candidate for chief justice, Roy Moore. Though the organization usually backs Democratic candidates, its president said that Moore has a record of “treating the average person fairly in court.” Moore has also received $55,000 in contributions to date from plaintiff attorneys.
The Iowa State Bar Association has released its biennial survey of practicing attorneys on judges and justices up for retention this November. The survey showed high approval ratings for all Iowa judges and justices, and the Bar Association plans to “urge voters this fall to retain all judges.”
For Governor Dayton’s first appointment to the supreme court, the judicial selection commission nominated four candidates, including a U.S. attorney and three judges. The vacancy was created by Justice Helen Meyer’s retirement.
The supreme court reversed one of the revisions it made to the code of judicial conduct in January, removing a prohibition against judges making campaign contributions to political candidates. The state bar supported the move as preserving judges’ First Amendment rights, but critics argue that judges should stay out of politics.
The preliminary hearing in the criminal case against Justice Joan Orie Melvin began on July 30. Melvin faces charges that she violated state law by using court staff to assist in her 2003 and 2009 supreme court campaigns. Two staffers testified that they were uncomfortable with the political work they were asked to do. Of the nine counts recommended by the grand jury, the judge ruled that Melvin will stand trial on seven.
The state Republican Party chair called for voters to remove one of four supreme court justices standing for retention in November. Justice David Wiggins participated in the 2009 unanimous ruling that legalized same-sex marriage in the state, and three of his colleagues lost their bids for retention in 2010.
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.
Our two-day E-Discovery Summit, which was held June 22-23, 2012, was highlighted this week in a LawWeek Colorado article, along with the release of Navigating the Hazards of E-Discovery: A Manual for Judges in State Courts Across the Nation…
A second justice has withdrawn from considering disciplinary charges against Justice David Prosser, with Justice Annette Ziegler joining Justice Pat Roggensack. Prosser has asked the other four justices to recuse themselves as well.
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.
The commission on judicial qualifications will consider a disciplinary complaint filed against a district court judge for clicking “Like” on a Facebook post by a candidate for sheriff. According to the complaint, this violates the judicial canons of ethics that prevent a judge from “publicly endorsing or opposing another candidate for any public office.”
A district court candidate involved in a Republican runoff has taken the rare step of rejecting the voluntary campaign spending limits enacted by the Judicial Campaign Fairness Act of 1995. The built-in incentive to follow the limits is that, once one candidate refuses to comply, the other candidates in the race are no longer bound.
A hearing is scheduled for August 8 to address whether the three justices standing for retention in November should be removed from the ballot. In June, the Southeastern Legal Foundation filed a suit on behalf of two Florida voters alleging that the justices violated state law by using court employees to assist in filing campaign documents.
In a guest post on Justice at Stake's Gavel Grab, Natalie Knowlton (Manager, Quality Judges Initiative) discusses the release of IAALS' Cornerstones of State Judicial Selection: Laying the Foundation for Quality Court Systems and Judges. Cornerstones…
A house committee voted to investigate impeachment proceedings against four judges based on complaints stemming from their rulings in two child custody cases.
The Nebraska State Bar Association’s 2012 Judicial Performance Evaluation results have been released, showing positive ratings for judges across the state, and the Bar has developed a radio spot to draw attention to this resource for voters. Nebraska uses the “Missouri Plan” for selecting judges and after appointment judges serve an initial term of three years before standing for a retention vote.
Earlier this year, the Kansas Senate rejected by a 22-17 vote a proposed statute that would have eliminated the role of the nominating commission in screening court of appeals candidates and required senate confirmation of gubernatorial appointments—a move strongly favored by Governor Brownback and conservative legislators.
