Selection Snapshots

The state bar association gave a supreme court candidate a “not recommended” rating for the first time since 1998, indicating that less than sixty percent of bar members gave her a favorable evaluation. Three supreme court seats are up for election this year, with one incumbent justice running unopposed.

The appellate judicial commission invited applications for the supreme court vacancy to be created by Judge Ray Price’s October retirement. In announcing his plans to retire, Judge Price expressed his support for the state’s merit selection system and his hope that it would be used to choose his successor.

Governor Scott asked a state law enforcement agency to decide if an investigation is warranted into whether the three justices standing for retention in November violated state law by seeking assistance from court staff in filing election-related paperwork, and two citizens filed a lawsuit asking the secretary of state to remove the three justices from the ballot.

A November ballot measure known as Proposition 115 would make two fairly substantial changes to the judicial nominating process, by requiring the commission to submit eight names (rather than at least three) to the governor for possible appointment and by limiting the role of the bar in selecting attorney commission members.

Although Chief Justice Castille requested in early May that Governor Corbett hold off making any judicial appointments until 2013 for budget reasons, Corbett announced six nominees for county and municipal court vacancies. Several days earlier, the governor had nominated his chief of staff to another judicial vacancy.

In the sole supreme court race this fall, both the incumbent and the challenger have qualified for public financing, but a super PAC known as N.C. Judicial Coalition has formed to support the incumbent. The election will determine whether the 4-3 balance on the court will tilt in favor of conservative or liberal justices.

In the wake of a 2011 U.S. Supreme Court decision that struck down the matching funds provision in Arizona’s public financing system, the secretary of state declined to enforce a similar provision in New Mexico’s program. However, a trial court judge ordered the official to release funds to at least one publicly funded candidate whose privately funded opponent has raised $139,000.

The state Republican Party moved for a preliminary injunction against enforcing a law barring political parties from endorsing, contributing to, or making expenditures on behalf of nonpartisan judicial candidates. Lawyers for the state argued that the law promotes “a compelling interest in making sure its elected judiciary is fair and impartial.”

From thirty-one applicants for an upcoming supreme court vacancy, the judicial nominating commission submitted the names of seven candidates for possible appointment to Governor Deal.

The June 2012 edition of Selection Snapshots is now available.