Selection Snapshots

The judicial nominating commission held public interviews of the eighteen applicants for a court of appeals vacancy.

Responding to questions from lawmakers regarding his record of judicial appointments, Governor Scott said that he will not appoint judges who think differently from him in order to achieve diversity. Of the thirty-six judicial appointments Scott has made, only two have been black.

Supreme court justice Michael Eakin raised more than $526,000 for his retention campaign. Less than a week before the election, no organized opposition had arisen, but Eakin wanted to be prepared for a late challenge. Then-Justice Russell Nigro lost his retention bid in 2005, and Justice Thomas Saylor was challenged in 2007.

Seven in ten respondents to a recent poll favored or strongly favored adopting campaign contribution limits for judicial races. Just over half supported public financing of judicial elections.

October was a record-setting month for Senate confirmation of federal judicial nominees. The fifteen confirmed judges included two appellate court and thirteen district court nominees. Approximately eighty-five federal court vacancies remain.

Proposals to move to merit selection for appellate judges are under consideration in both the house and senate. Supporters of the proposals believe that judges should be selected based on qualifications rather than name recognition.

Two constitutional amendments have been proposed to move away from merit selection for appellate judges, a statutory process that sunsets in 2012. But since the constitution cannot be amended until 2014, the state bar association called for the legislature to extend the Tennessee Plan in the meantime.

A second supreme court justice announced plans to not seek reelection when his term expires in 2012. Chief Justice Paul De Muniz announced his retirement intentions in October.

During a series of panels that comprised a Defending Iowa’s Courts event, the executive director of the state ACLU chapter described an organized national effort to dismantle judicial merit selection processes. The panel also discussed legislative attacks on Iowa’s courts in the wake of the Varnum v. Brien decision and expectations that the other supreme court justices who joined the unanimous opinion in the case would see retention challenges in 2012 and 2016.

House Speaker Dean Cannon announced that he would not seek major changes to the judiciary in the 2012 legislative session. In the 2011 session, Cannon unsuccessfully proposed a constitutional amendment that would have split and expanded the supreme court. Instead, voters in 2012 will only weigh in on whether to require senate confirmation of supreme court appointments.