Selection Snapshots

The supreme court nominating commission sent three names to Governor Hickenlooper for the vacancy created by Justice Martinez’ resignation. The nominees include a Democrat, a Republican, and an unaffiliated voter, but none of whom consider themselves to be politically active. (The governor must make the appointment within 15 days of receiving the commission’s list.)

Chief Justice Maureen O'Connor's one-minute video on the supreme court's website urging a “yes” vote on Issue 1 in the November election met with some criticism. Issue 1 would raise the retirement age for state judges from 70 to 76.

A state senator proposed a constitutional amendment to alter the way the members of the state’s three appellate courts are selected. The proposal calls for a modified federal selection process, where judges are nominated by the governor and confirmed by the senate for eight year terms, subject to reappointment. The Tennessee Plan is set to expire in 2012, so some type of legislative action must be taken.

Minority groups called for the governor, who will make two supreme court nominations in March, to make the state supreme court more diverse. No justices of color currently serve on the court.

Governor Christie publicly criticized a state trial court judge who ruled that requiring increased contributions to judicial pension plans is an indirect reduction in judges’ pay and in violation of the state constitution. The lawsuit was filed by a judge.

Governor Nixon selected George Draper III from three nominees submitted to him by the appellate judicial commission to fill a vacancy on the supreme court. Draper will be the second African-American to serve on the court. He will stand for retention in 2014.

Following Gingrich’s lead, other Republican presidential candidates chimed in with charges of judicial activism and proposals to limit the federal judiciary.

Two new laws will require more online information about judges standing for retention in 2012. Under this legislation, the commission on judicial performance review will post a listing of cases in which judges ruled on the constitutionality of statutes, a short biography of each judge, and the full text of their decisions during the current term.

There may be as many as 175 judicial elections—both contested and retention—on the 2012 general election ballot. Two of these races are at the supreme court level, with one justice expected to stand for retention and one justice who was appointed to the bench competing against several challengers to keep her seat.

Intervention in judicial campaigns by special interest groups was an issue in a debate between two superior court candidates. One candidate was prepared to renounce all such activity by third-party groups, while the other candidate preferred to make that decision if questionable activity took place. (The superior court is one of the state’s two intermediate appellate courts.)