Selection Snapshots

Following an 18-month study, a Wisconsin state bar task force proposed that supreme court justices serve a single 16-year term. Justices currently serve 10-year terms and may stand for reelection. Though term limits would not stem the tide of candidate and special interest spending in the state's judicial elections, supporters believe term limits could help restore the public's trust in a court that has been plagued in recent years by alleged ethics violations and interpersonal conflicts.

Back in March, the Kansas legislature adopted a new process for choosing intermediate appellate court judges in the 2013 session. The governor will make judicial appointments with full discretion, which must then be confirmed by the senate. This process will kick into gear on July 1, but Governor Brownback has announced a new wrinkle: the names of applicants for the judicial position will not be made public.

Judge Kevin Burke, a Minnesota trial judge and member of the IAALS Board of Advisors, seconded Ohio Chief Justice Maureen O'Connor's call for selection reform in her state. According to Judge Burke, selection reform in Ohio is needed for three reasons: judicial elections may negatively impact public perceptions of judges and courts, not enough voters participate in judicial elections, and more can be done to educate judicial voters.

Governor Tom Corbett nominated superior court judge Correale F. Stevens to fill the supreme court vacancy created by former justice Joan Orie Melvin's resignation following her criminal conviction. At the same time, a sitting supreme court justice is now the subject of an FBI investigation. The investigation is focusing on whether Justice Seamus McCaffery and his wife, who serves as his chief aide, violated the state Ethics Act when she received fees for referring clients to personal-injury law firms.

Less than a week after the supreme court struck down a civil justice reform measure known as the Comprehensive Lawsuit Reform Act of 2009, some state legislators called for a study of term limits for appellate judges. According to House Speaker T.W. Shannon, it is lawmakers' duty to monitor the government's balance of power, but other legislators described the study as retaliation for the recent decision and other unpopular rulings.

The Tennessee legislature opted not to renew the state’s judicial nominating commission, and it is set to expire on June 30. Three appellate judges announced last week that they will not stand for retention in August 2014, with the expectation that the commission could screen applicants and nominate candidates to fill their vacancies before it ceases to exist in a few weeks. At least one legislator is concerned about setting the judicial selection process in motion more than a year before the vacancies occur.

In remarks at last week’s annual conference of the state bar association, Justice Barry Albin encouraged members of the legal profession and the public to defend New Jersey’s courts against attacks by the other two branches based on dissatisfaction with court decisions. He went on to suggest that the governor and the legislature have injected politics into the judicial appointment process.

It has been an eventful week judicial selection-wise in the Kansas legislature. On Monday, the chairman of the senate judiciary committee announced the details of a compromise selection reform proposal for the state’s appellate judges, which the Kansas Bar Association's board of governors rejected on Tuesday. And on Wednesday, the house judiciary committee chair introduced three new proposals aimed at the appellate court.

In a recent speech to the Ohio State Bar Association, Chief Justice Maureen O’Connor identified eight areas in which the state’s process for electing judges might be improved. Among the reforms that O’Connor put on the table were the creation of a nominating commission to advise the governor in filling judicial vacancies between elections. O’Connor encourages public discussion of the reform proposals through a new website.

With Justice Joan Orie Melvin’s resignation from the Pennsylvania Supreme Court on May 1, Governor Tom Corbett has ninety days to fill the vacancy. Last month, Senate Democrats sent Governor Corbett—a Republican—the names of five Republicans whose appointment they would support.