Selection Snapshots

The December 2011 edition of Selection Snapshots is now available.

The commission on judicial conduct recommended that a New York City civil court judge be admonished for circulating misleading materials in her 2006 campaign. Admonishment is the least severe punishment for judicial misconduct.

The commission on judicial qualifications admonished a judge for an “injudicious” flyer used in her 2010 campaign. According to the commission, the flyer “likely gave the impression…that the judge’s rulings could be influenced by campaign contributions.”

Following this decision, the judicial selection commission revised its rules to allow for public disclosure of nominees. The commission recently announced the names of six nominees sent to Chief Justice Recktenwald for appointment to a district court vacancy.

President Obama’s efforts to fill judicial vacancies have been complicated by the American Bar Association’s ratings of potential nominees. The ABA’s judicial vetting committee has rated 14 of 185 potential nominees as “not qualified,” and the administration has a policy of not nominating such candidates.

The governor appointed Beth Robinson to the supreme court. She is the first openly gay justice to serve on the court.

Former chief justice Roy Moore, known to many as the “Ten Commandments judge,” announced plans to run for chief justice in 2012. Moore was removed from the court in 2003 for defying a federal judge’s order to remove a Ten Commandments monument from the state judicial building.

The supreme court announced that it will not revisit its decision in Avery v. State Farm. The petition to vacate the decision was based on recent allegations that State Farm had contributed more than $3 million to the election campaign of one of the justices.

Of the 100 justices who have served on the supreme court since statehood, only 36 have been elected to their seats. The rest were appointed by the governor to fill mid-term vacancies. But with two open-seat races in 2012, the court will have a majority of elected justices for the first time since 1913.

In 2012, superior court judges in Pinal County will stand for retention rather than reelection. Because the county’s population now exceeds 250,000, its judges will now be included in the state’s merit selection, retention election, and performance evaluation program. Pinal County joins Maricopa County and Pima County.