Selection Snapshots

In a 5-0 ruling, the Arizona Supreme Court struck down a law that required the state’s judicial nominating commission to send the names of five candidates to the governor for possible appointment. According to the court’s opinion, “the Legislature has no authority to statutorily mandate procedures inconsistent with Arizona's Constitution,” which allows commissions to give the governor as few as three names.

According to a poll funded by the Federalist Society for Law and Public Policy Studies, 74 percent of Oklahoma voters favor choosing appellate judges in contested elections over a merit selection and retention process, and 69 percent support amending the constitution to make this change. Seventy-six percent of respondents want term limits for appellate judges.

Last week, Governor Brownback nominated his chief counsel, Caleb Stegall, to a newly created seat on Kansas' court of appeals, reigniting a war of words between his supporters and detractors. Now, in response to the charge that Brownback pushed for a change in the selection process in order to appoint Stegall to the bench, a member of the judicial nominating commission is speaking out.

A recent piece in the Chicago Sun-Times sheds light on the process for selecting judges in Cook County, Illinois. Earlier this month, the Cook County Democratic Party's Judicial Selection Committee met to "slate" candidates, a process through which candidates meet with the committee to discuss their qualifications in hopes of getting the party's endorsement. Some participants in the slating process assert that most of the party's picks are pre-determined based on political connections instead of qualifications.

For the second time in his tenure—and the second time in state history—New Jersey Governor Chris Christie declined to renominate a sitting supreme court justice. Christie offered two rationales for the decision to pass over Justice Helen Hoens in favor of superior court judge Faustino Fernandez-Vina: his interest in sparing Justice Hoens the senate's likely "political vengeance" in the confirmation process and the need for more diversity on the high court.

The North Carolina legislature sent to Governor McCrory for approval a bill that would revamp the state's elections, including eliminating public financing for appellate judicial elections. Created in 2002 by the Judicial Campaign Reform Act, the so-called "Voter-Owned Elections" program allowed candidates with qualifying contributions to receive a public grant to finance their campaigns and eliminated the need to seek campaign support from attorneys and others who may later appear before them in court.

Recently, speculation has surfaced about whether judicial selection and tenure will be addressed at a special legislative session in Oklahoma, called by Governor Fallin. Although a Republican legislator wrote a letter warning judges around the state of rumors that there would be efforts to impose term limits and to eliminate the judicial nominating commission, a spokesman for the governor offered assurances that the only topic for the special session is lawsuit reform.

In Minnesota, a broad-based group known as the Coalition for Impartial Justice, which includes more than 30 business, labor, religious, citizen, and legal groups, is working to implement the 2007 recommendations of the Quie Commission. The commission was unanimous in calling for the adoption of a "merit selection" process for judges and a performance evaluation program, with a majority of the commission favoring retention elections for subsequent terms.

Last week, controversy arose in Kansas over Governor Brownback's announcement that he would not release the names of applicants for a court of appeals vacancy. The governor initially rejected a petition requesting that applicants' names be released, but he may be reconsidering that decision. Meanwhile, screening committees in Wisconsin and Florida, established to assist them in recommending potential federal judges to the White House, have differing plans on the confidentiality of applicant names.

Two recent appointments to Maryland's court of appeals mark "firsts" in diversity for the state's highest court. Governor Martin O'Malley's elevation of Judge Mary Ellen Barbera to be chief judge would make her the first woman to lead the high court. Shirley M. Watts, whom O'Malley appointed to fill Barbera's vacancy as associate judge, would be the first African-American woman to serve on the court of appeals.