Florida

Last week, controversy arose in Kansas over Governor Brownback's announcement that he would not release the names of applicants for a court of appeals vacancy. The governor initially rejected a petition requesting that applicants' names be released, but he may be reconsidering that decision. Meanwhile, screening committees in Wisconsin and Florida, established to assist them in recommending potential federal judges to the White House, have differing plans on the confidentiality of applicant names.

The ABA Journal reports that a South Florida judge has approved an out-of-court settlement allowing three people—two women and the gay man they used as a sperm donor—to be listed as parents on a 23-month-old girl's birth certificate. While the two women will have sole parental rights and custody of their daughter, the settlement also gives the sperm donor visitation rights twice a week.

As it did in 2012, Florida’s house of representatives has proposed giving the governor greater authority over the membership of the state’s judicial nominating commissions. Of the nine members, four are appointed from recommendations by the state bar. The proposed measure stipulates that the other five members would serve at the governor’s pleasure.

According to campaign finance filings, the group formed to support the retention of three justices on the November ballot--Defend Justice from Politics--has raised and spent $1.45 million. The justices themselves have raised $1.36 million.

The conservative advocacy group Americans for Prosperity launched a campaign to highlight the records of the three justices standing for retention in November. The campaign includes television ads criticizing a supreme court ruling that kept an Affordable Care Act-related measure off the 2010 ballot.

The executive board of the state Republican Party voted to oppose the retention of three supreme court justices in November.

The Florida Supreme Court has recently amended its Rules of Civil Procedure to address the discovery of electronically stored information (ESI). These amendments became effective September 1, 2012.

Instead of launching his own campaign to fight back against the effort to remove him, Iowa Supreme Court Justice David Wiggins affirmed his belief that politicizing the courts leads to outcome-motivated judges who hold themselves accountable to donors and critics instead of the law. Similarly, while Florida State Supreme Court Justice Peggy Quince has launched a campaign to stay on the bench, doing so makes her “uncomfortable.”

Twenty-three past presidents of the Florida Bar signed a resolution denouncing the effort by Restore Justice 2012 to oust three supreme court justices standing for retention in November. The bar also released a poll of attorneys showing strong support for retaining the justices, whose average approval rating was 90 percent, and the 15 court of appeals judges on the ballot.

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.