Selection Snapshots

The judicial commission called for the discipline case against Justice David Prosser to be sent to a panel of three court of appeals judges. The role of such a panel is to recommend to the supreme court what, if any, disciplinary action should be taken, but it is unclear whether the supreme court must call for a panel’s consideration of the case.

At a recent campaign appearance, Justice Barbara Pariente cautioned that a November vote not to retain her and two fellow justices who are also on the ballot would allow Governor Scott to make "partisan judicial appointments."

The content of fliers used in a trial court judge's reelection campaign raised ethical concerns, leading some to call for an inquiry by the state commission on judicial conduct. The fliers tout recent decisions in which the judge sided with oil drillers against the EPA and feature images of Rush Limbaugh.

In response to concerns expressed by senate Democrats about a supreme court nominee’s lack of courtroom experience, Governor Christie noted that the state bar association found the nominee to be qualified, but the nominee was ultimately rejected by a 7-6 vote. He would have been the first openly gay justice and the third African-American to serve on the supreme court.

Governor Corbett attracted criticism with his first judicial appointment since taking office, choosing his close friend and chief of staff without consulting court officials and lawmakers as is the custom. The appointment requires senate confirmation.

The judicial nominating commission is considering applicants for the vacancy that will be created by the July retirement of Justice George Carley. Since taking office, Governor Deal has made an unprecedented number of appointments to fill mid-term judicial vacancies.

A federal judge struck down an aspect of the public financing program for appellate judges that provides rescue funds to judicial candidates who are outspent by privately funded candidates. The U.S. Supreme Court rejected a similar provision in Arizona’s public financing program in 2011, on the grounds that it infringed upon freedom of speech.

By a 4-3 vote, the supreme court declined to reappoint the chair of the Wisconsin Judicial Commission, which recently found probable cause that Justice David Prosser violated three parts of the state’s code of judicial conduct and recommended a trial by a panel of three intermediate appellate court judges.

The general assembly opted not to elect a judicial candidate who would have been the state’s first openly gay judge. Opposition to his election focused on his positions on gay marriage and the military’s now-repealed “don’t ask, don’t tell” policy.

Two of the three supreme court justices up for reelection face challengers in the Republican primary. One justice’s opponent is running to “expose the corrosive influence of big business on the court,” while the other justice’s opponents “want to restore integrity to the court.” The third justice up for reelection faces a Democratic challenger in the general election.