Selection Snapshots

Eleven of 12 court of appeals judges and two of five supreme court justices have recused themselves from hearing an appeal involving a constitutional challenge to the state’s process for selecting appellate judges. John Jay Hooker, who filed and lost a similar suit in the late 1990s, claims that the constitution requires judges to be elected rather than appointed and that elections should be by grand division rather than statewide.

Earlier this year, the Kansas Senate rejected by a 22-17 vote a proposed statute that would have eliminated the role of the nominating commission in screening court of appeals candidates and required senate confirmation of gubernatorial appointments—a move strongly favored by Governor Brownback and conservative legislators.

State supreme court campaigns have set national fundraising and spending records in recent years, but this year’s races are relatively inexpensive with candidates raising just over $1 million to date.

According to data compiled from The American Bench, women hold 27.5 percent of state judgeships in 2012—a slight increase from 26.8 percent in 2011. At the same time, the percentage of women on the federal bench declined 0.1 percent to 24.1 percent. Representation of women on federal and state courts is highest in the Northeast (30.4 percent) and lowest in the Midwest (24.6 percent).

A former Democratic Party chairman filed a federal lawsuit seeking to block the distribution of matching funds under the pilot public financing program to a Republican supreme court candidate. Candidate Allen Loughry, who is the only one of four high court candidates to accept public funding and who is eligible to receive nearly $150,000 in “rescue” funds, filed a response to the suit.

From a pool of 22 applicants, the judicial nominating commission identified ten semi-finalists for a supreme court vacancy, including six women and four men. The commission will narrow the list to three finalists in early August.

Fourteen attorneys, including six court of appeals judges, applied to fill the vacancy created by Justice Andrew Hurwitz’s move to the U.S. Court of Appeals for the Ninth Circuit. Only four of the fourteen applicants are Democrats. Governor Brewer’s first two appointees to the five-member court were Republicans.

The state supreme court denied Justice Joan Orie Melvin’s request to intervene in her criminal case and have it heard by an out-of-county judge. Justice Melvin, who is charged with using court staff to assist in her 2003 and 2009 supreme court campaigns, argued that a key prosecution witness is married to an Allegheny County judge and that the case may be too complex for a local district judge.

In addition to the court of appeals vacancy for which the commission on judicial nomination is currently accepting applications, there are several upcoming vacancies on the seven-member court. Two justices will reach the mandatory retirement age of 70, and one justice’s term will end, in 2014. Two more justices reach mandatory retirement in 2015 and 2016.

A thirteen-member judicial commission overturned a lower disciplinary panel that issued a cease-and-desist order against a Democratic supreme court candidate and former court of appeals judge, who identified himself as a judge several times in a campaign brochure. According to the commission, the statements were misleading but not false under the state’s code of judicial conduct.