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Selection Snapshots

Ninth Circuit Rejects Campaign Restrictions for Judicial Candidates in Arizona
Ninth Circuit Rejects Campaign Restrictions for Judicial Candidates in Arizona
Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down a handful of provisions in Arizona's code of judicial conduct as they apply to the campaign behavior of judicial candidates. According to the court, "[t]o the extent states wish to avoid a politicized judiciary, they can choose to do so by not electing judges."
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Conservative Legislative Leader in Tennessee Spearheads Retention Challenge
Conservative Legislative Leader in Tennessee Spearheads Retention Challenge
Speaker of the Senate and Lieutenant Governor Ron Ramsey, a Republican, is leading the charge against three supreme court justices standing for retention in August. (All appellate judges in Tennessee stand for retention at the same time every eight years, but two justices on the five-member court are retiring this summer.)
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Judicial Impeachment Threat Looms in Oklahoma
Judicial Impeachment Threat Looms in Oklahoma
Inter-branch tensions in Oklahoma have escalated in recent days over the state supreme court's handling of a death penalty appeal. A member of Oklahoma's house of representatives filed articles of impeachment against five supreme court justices who voted to stay the execution of two death row inmates. Tension was already brewing between the legislature and the high court over a 2013 decision that struck down a comprehensive lawsuit reform measure.
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Alabama Adopts New Judicial Recusal Law
Alabama Adopts New Judicial Recusal Law
Last week, the Alabama legislature passed a new law that addresses judicial disqualification in cases involving campaign contributors. The state is an ideal target for recusal reform. From 2000-2009, Alabama ranked first in the nation in campaign fundraising and spending for state supreme court races. The 2006 cycle alone saw $14.5 million in contributions and expenditures.
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North Carolina's 2014 Supreme Court Election Is One to Watch
North Carolina's 2014 Supreme Court Election Is One to Watch
Four of the seven seats on the North Carolina Supreme Court are on the ballot in November. The current ideological balance on the court is 4-3, with a Republican majority, and three of the four seats up for election are currently held by Democrats. Commentators anticipate millions of dollars in special interest spending in the coming months.
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Rhode Island's Judicial Nominating Commission Considers Changes to Its Procedures
Rhode Island's Judicial Nominating Commission Considers Changes to Its Procedures
Rhode Island's judicial nominating commission met recently to discuss potential improvements to the commission's work. Much of the discussion focused on the transparency of the process. The governor has allotted $7,500 to hire an expert to advise the commission on its procedures, with any proposed changes subject to a public hearing process.
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Florida Legislators Propose What Some Label Another Court-Packing Plan
Florida Legislators Propose What Some Label Another Court-Packing Plan
The terms of three members of Florida's seven-member supreme court are set to expire at the same time that the next Florida governor's term expires—on January 8, 2019. Recognizing that state law is unclear as to whether the outgoing or incoming governor has the authority to fill judicial vacancies that occur on inauguration day, a Republican senator has offered a proposed constitutional amendment that would empower the outgoing governor to make these appointments.
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School Funding Decision May Stave Off Court-Curbing Measures in Kansas
School Funding Decision May Stave Off Court-Curbing Measures in Kansas
The Kansas Supreme Court's long-awaited school funding decision may prevent an all-out legislative assault on the state's courts. On March 7, the high court ruled that funding disparities among the state's school districts violate the state constitution. According to Kansas' attorney general, the court adopted a middle ground.
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Alaska Legislators Seek to Change the Way Judges Are Selected
Alaska Legislators Seek to Change the Way Judges Are Selected
Republican state legislators have proposed a bill that would increase the size of, and allow the governor to appoint a majority of members to, the Alaska Judicial Council. The AJC serves as both the judicial nominating commission and the judicial performance evaluation commission. Under the new bill, the AJC would be expanded to 16 members, and the change would require amending the constitution.
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Selection Reform Proposals Trend toward Enhancing Gubernatorial Authority
Selection Reform Proposals Trend toward Enhancing Gubernatorial Authority
There are several anticipated efforts in 2014 to alter processes for selecting state court judges, particularly in states with commission-based gubernatorial appointment of appellate judges. In Kansas, Oklahoma, and Tennessee, as in Arizona and Florida in recent years, legislative proposals are aimed at directly or indirectly expanding the governor's appointing authority.
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