Selection Snapshots

This special edition of Selection Snapshots provides an overview of the challenges to judicial retention, court-related ballot measures, supreme court elections, public financing of judicial campaigns, and judicial campaign oversight committees.

An ad sponsored by the Washington, D.C.-based Judicial Crisis Network criticizes a supreme court candidate for volunteering to provide free legal representation to individuals suspected of terrorism. Spending on the ad is expected to top $1 million.

The ACLU of Indiana filed a constitutional challenge to the process for electing superior court judges in Marion County. Under a system that may be unique, voters in each of the major party primaries cast ballots for half of the judicial seats to be filled. This ensures partisan balance on the bench, but it also makes the general election a mere formality.

Four justices who served with former chief justice Roy Moore are among 10 current and former justices of both parties who have endorsed his opponent in Moore’s bid to be chief justice again. He was removed from the court in 2003 for ignoring a federal court order to remove a Ten Commandments display from the state judicial building.

Data collected by the judicial selection commission indicates that interest in applying for a state court judgeship has declined over the years. The most striking example of this is that, while 24 attorneys applied for a supreme court vacancy in 2003, only seven did so in 2011 and only nine applied in 2012.

In 2004, challenger Will T. Scott defeated incumbent justice Janet Stumbo. In 2012, Stumbo is challenging Justice Scott to regain the seat. The judicial campaign conduct committee has labeled ads by both candidates misleading, with at least one ad appearing to be designed to appeal to racial prejudice.

Responding to the Oklahoma Civil Justice Council’s rating of justices standing for retention based on their decisions in civil liability cases, a group known as “Yes for Fair and Impartial Judges” mounted an educational campaign to encourage voters to consider the justices’ integrity, fairness, and impartiality.

Justice John Pelander has taken the unusual step of forming a campaign committee to support his retention, in the face of opposition from conservative groups based on a recent decision.

Incumbent justice Robert Cupp asked the state Republican Party to pull an ad describing his election opponent as sympathetic to rapists based on his past opinions as a court of appeals judge.

A website—VoteForJudges.org—is providing Cook County voters with nonpartisan judicial recommendations from area bar groups. Fifty-seven Cook County judges are standing for retention this November.