Selection Snapshots

Two supreme court justices are disputing which of them has seniority and should replace Chief Justice Kitty Kimball when she steps down next year. Justice Bernette Johnson was serving on an intermediate appellate court in 1994 when she was appointed to the supreme court as part of a federal consent decree, and she was elected in 2000.

Governor Christie nominated a sitting superior court judge, and former federal and state prosecutor, to the supreme court. In recent months, two Christie nominees have been rejected by the senate judiciary committee. Christie’s only other supreme court nominee waited one year before being confirmed by the legislature.

Though plaintiff attorneys and their firms typically back Democratic judicial candidates, Republican chief justice candidate Roy Moore has received $55,000 from these groups. The supreme court is composed of nine Republicans, and Moore’s is the only race of five on the ballot where there is a Democratic opponent.

The July 2012 edition of Selection Snapshots is now available.

A group known as Defend Justice from Politics formed to support the three justices up for retention in November.

Citing the “Rule of Necessity” and the fact that he did not witness one of the events that gave rise to the case, Justice Patrick Crooks declined to recuse himself from the discipline case involving Justice David Prosser. Prosser and Justice Patience Roggensack have recused themselves, and Prosser requested that his other colleagues do so as well.

The state election commission voted to postpone consideration of whether the “rescue funds” provision of the public financing pilot program for supreme court candidates survived a 2011 U.S. Supreme Court decision that struck down a similar provision in Arizona’s program, reasoning that the provision has not yet come into play in this year’s races.

A Democratic Party committee chose a state senator to run against Justice Terrence O’Donnell in November, following the previous candidate’s withdrawal from the race in April due to lack of campaign funds.

The judicial council forwarded to Governor Parnell the names of two potential appointees for the supreme court vacancy created by Justice Morgan Christen’s move to the U.S. Court of Appeals for the Ninth Circuit. The governor must appoint one of the two within 45 days. In his 16 judicial appointments to date, the governor has favored individuals who have conservative or traditional Christian backgrounds.

The lone Democrat on the supreme court defended her colleagues against attacks from her Republican challenger. Justice Yvette McGee Brown rejected the claim that the justice legislate from the bench and described herself as proud to serve on the court.