News & Updates

In the dispute over who should replace Kitty Kimball as chief justice when she steps down in early 2013, a federal district court judge ruled that Justice Bernice Johnson’s service from 1994 to 2000 as part of a civil rights case settlement should count toward her seniority. Attorneys for the state had argued that the issue should be decided by the state supreme court, and they have appealed the ruling to the U.S. Court of Appeals for the Fifth Circuit.

The legislature’s creation of two additional judgeships and several retirements are creating a record number of superior court vacancies to be filled. If Governor Markell is reelected in November, he will have a rare opportunity to shape the superior court.

According to financial disclosure forms, five of the seven justices serving on the supreme court in 2011 accepted travel or hospitality that was often provided by attorney associations whose members might appear before the court. Some legal scholars question the propriety of such arrangements.

The Akron Bar Association formed a judicial campaign conduct committee as part of an effort to improve the tone and conduct of local judicial campaigns. The committee will ask candidates to sign a clean-campaign pledge and will review complaints about improper campaign behavior. The committee consists of five Democrats, five Republicans, and an independent and includes eight lawyers and three non-lawyers.

While the state bar association supports Proposition 115, which goes before voters in November, other members of the legal community oppose its passage. Among other changes, the measure would increase the number of nominees from which the governor makes judicial appointments and give the governor greater control over the membership of the commission that makes the nominations.

The three justices standing for retention in November embarked on a tour of news organizations around the state in an effort to better inform voters about the merit selection and retention process for appellate judges. The justices have raised nearly $975,000 to support their retention.

An incumbent justice seeking reelection denied violating canons of judicial ethics in response to a charge by his opponent that he accepted a campaign contribution from a party whose case he heard. Republican Justice Robert Cupp said that he does not monitor who his contributors are and his campaign committee does not monitor his docket.

The Democratic candidate for chief justice was removed as his party’s nominee for reportedly making “disparaging remarks about homosexuals, his Republican opponent and party leaders.” Following a hearing, a five-member party committee voted unanimously to take this step and reopened the qualifying period for candidates.

Although the senate judiciary committee voted not to recommend her confirmation to the full senate, the senate confirmed Su J. Chon’s appointment as a district court judge by a 17-10 margin.

In the wake of rampant negative legal education press, and at a time when there are many questions about legal education, Educating Tomorrow’s Lawyers has offered solutions… and hit a number of milestones. In our first year, we have grown our…

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, is pleased to welcome Karen J. Mathis, past president of the American Bar Association, as its Associate Executive Director. In the new role, Mathis will oversee IAALS’ operations, including administration, fund development, finance, human resources, communications, and technology.

New Mexico Supreme Court Justice Patricio M. Serna will retire August 31, 2012. He has served on the Court since 1996 and was elected by his colleagues to serve a two-year term as Chief Justice, from 2001 through 2002. Justice Serna has served on IAALS' Board of Advisors since our beginning in 2006.

The Minnesota Supreme Court has ordered a hearing for October 30, 2012 to consider comments submitted in response to select portions of the Minnesota Supreme Court Civil Justice Reform Task Force’s Final Report dated December 23, 2011 and its Supplemental Report dated May 22, 2012.

Of the 14 applicants for a supreme court vacancy, the judicial nominating commission voted to interview nine, including three Democrats. This was the most Democrats to make it to the interview stage and could have provided the largest number of nominees from which to choose of three vacancies that Governor Brewer has filled.

A study of the sentencing practices of superior court judges suggests that their elections influence their behavior, with judges handing out stiffer sentences from the time they take the bench to their first election.

The plaintiff in a challenge to the constitutionality of the process for selecting the state's appellate judges asked two retired supreme court justices and a former federal judge to recuse themselves from a special five-member panel appointed by Governor Haslam to hear the case, alleging that as former judges "their impartiality might reasonably be questioned."

Senator Durbin of Illinois formed a thirteen-member, bipartisan screening committee to recommend potential candidates to President Obama for three judicial vacancies in the Northern District. Before making final recommendations, Durbin plans to consult with his Republican counterpart, Senator Kirk, who uses a similar committee process.

A trial court judge who was removed from office on July 31 for ethics violations was one of the top-two vote getters in the August 7 primary election for her seat and will advance to the general election. According to the supreme court, her removal extends only through the end of the year.

Conservative candidates for the state senate defeated moderates in at least seven Republican primary contests, making it likely that conservatives will hold 27 of 32 GOP seats in the 40-member senate in 2013-14. One of their key policy priorities is expected to be moving from merit selection of appellate judges to gubernatorial appointment with senate confirmation.

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.