Selection Snapshots

The three supreme court justices up for retention in November are, reluctantly, campaigning to keep their seats. An effort known as Restore Justice 2012 has been launched to defeat them, citing “activist” decisions in cases involving health care, school vouchers, and corporate liability.

The March 2012 edition of Selection Snapshots is now available.

In an en banc ruling, the U.S. Court of Appeals for the Eighth Circuit restored provisions of the state code of judicial conduct that bar judges and judicial candidates from personally soliciting or accepting contributions from groups of fewer than 20 people, and from endorsing other political candidates.

Chosen by a vote of his fellow justices, Matthew Durrant was sworn in as chief justice. Durrant replaces Christine Durham, who stepped down after ten years as chief but remains on the court.

Governor Daniels selected attorney Mark Massa to replace the retiring Randall Shepard on the supreme court. The state judicial nominating commission will choose one of the five sitting justices to replace Shepard as chief justice. Indiana is one of three states with no women justices on the highest court.

Having raised $1.2 million and received Mayor Emanuel’s endorsement, Mary Jane Theis defeated her opponents in the Democratic primary by a 2-1 margin. Theis was appointed to fill a supreme court vacancy in 2010 and will face the Republican candidate in November to keep her seat.

On March 14, Senate leaders agreed to move forward with confirmation votes for 14 judicial nominees who had earned unanimous approval from the Senate Judiciary Committee.  The deal avoided the need for procedural votes to force confirmation votes through the Senate floor.  On March 15, the Senate overwhelming voted to confirm two federal district court judges.

For the first time in history, the senate judiciary committee rejected a supreme court nominee. Governor Christie attributed the 7-6 vote not to confirm his nominee to an attempt by Democrats to appease unions after voting last year to revamp public employee health insurance and pension benefits.

The house judiciary committee approved by a 9-6 vote a measure that would constitutionalize the Tennessee Plan for selecting judges.

A district court judge struck down a ballot referendum scheduled for the June primary that called for the election of supreme court justices by district rather than statewide. According to the judge, the measure would alter the constitutional qualifications for service on the supreme court.