Selection Snapshots

Critics of Justice Stephen David’s majority opinion in a 2011 Fourth Amendment case are challenging his bid for retention. The decision rejected the “Your home is your castle” doctrine as a defense to violent acts against law enforcement personnel. Justice Robert Rucker is also standing for retention, but he dissented in the case.

A grassroots organization known as Citizens for Judicial Integrity is campaigning against the retention of four Madison County judges. According to the CFJI website, the judges were elected with "huge contributions from judges and asbestos law firms" and are "responsible for a lawsuit explosion.”

The state bar association launched a website to give voters more information about appellate judges standing for retention. The site explains the merit selection and retention system, provides bios and photos of judges on the ballot, and includes links to judges’ decisions. It was created in response to the judicial ratings issued by the state chamber-backed Oklahoma Civil Justice Council, based on judges’ rulings in civil liability cases.

All eight candidates for the state’s appellate courts qualified for public financing, with supreme court candidates receiving $240,100 each and court of appeals candidates receiving $164,400. At least two outside groups are raising and spending funds in support of the Republican supreme court candidate.

According to a recent poll, 70 percent of voters favor a proposed constitutional amendment that gives the legislature the authority to require that judges contribute more toward their pensions and benefits. Earlier this year, the state supreme court ruled that judges were exempt from a new law requiring public employees to pay more because it effectively reduced judges’ salaries in violation of the constitution.

Questions were raised as to whether an email from a state employee advocating the retention of the appellate judges on the November ballot violated an anti-electioneering ethics rule. The email was sent by the John Miley, general counsel to the Oklahoma Employment Security Commission, whose wife is standing for retention to the supreme court.

A recent poll shows that 49 percent of voters plan to vote to retain Justice David Wiggins in November, while 41 percent will vote to remove him. In 2009, Wiggins joined a unanimous supreme court decision recognizing a right to same-sex marriage under the state constitution.

A group known as the Oklahoma Civil Justice Council released ratings of supreme court justices based on how they have ruled in civil liability cases. Four justices are standing for retention in November.

An analysis of voting in a supreme court primary election suggests “deep racial polarization.” In the race between incumbent justice Steve Gonzalez and a challenger who neither raised money nor campaigned, the challenger won 30 of 39 counties and nearly 40 percent of the statewide vote.

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.