Selection Snapshots

In his State of the Union address, President Obama called for judicial nominees to get an up-or-down vote after 90 days, regardless of whether they could overcome a filibuster.

After a standoff over judicial appointments brought senate business to a halt, lieutenant governor and 2013 gubernatorial candidate Bill Bolling called for the creation of a bipartisan judicial selection commission. (Virginia is one of two states where the legislature appoints judges.) As a result of the November 2011 elections, the senate is evenly split between Democrats and Republicans.

Justice Michael Gableman rejected requests that he recuse himself from three cases involving a law firm that defended him for free against an ethics violation charge. Gableman noted that justices should recuse  themselves only when they believe they cannot act impartially or when it might appear that they cannot do so.

A proposal to amend the constitution to establish merit selection and retention for appellate judges and justices met with support and opposition from both Republicans and Democrats in the legislature. The proposal would make constitutional a selection system that is currently statutory.

The three candidates competing to be the Republican candidate for chief justice of the supreme court raised nearly $150,000 in January for the March primary campaign.

According to campaign finance records, two trial court judges made $100 contributions to an anti-abortion PAC after hearing cases involving abortion-related issues. The two judges serve in Sedgwick County, where judges are chosen in partisan elections, and are up for reelection this fall.

The governor, lieutenant governor, and speaker of the house jointly proposed a constitutional amendment that would establish a merit selection and retention system for the state’s appellate judges. If approved by the legislature, the measure would go on the ballot in 2014. (A merit selection and retention system is currently in place, but it is statutorily based.)

Two Republican legislators proposed a bill that would require attorneys to disclose to the judge and all parties to a lawsuit any campaign contributions of more than $500 made to that judge by the attorney or the attorney’s firm within the past five years. The bill would also require the judge’s recusal upon a motion filed by a non-contributing party.

The District of Columbia Judicial Nominating Commission recommended three public sector attorneys to fill a vacancy on the D.C. superior court. The White House has 60 days to select a nominee, who then appears before the Senate Committee on Homeland Security and Governmental Affairs for confirmation proceedings.

Christie nominated two men who would bring greater diversity to the state’s highest court—the first openly gay justice and the first Asian-American justice. The nominees must be confirmed by the Democratic-controlled senate.