JP Election Brief: Campaign ads and voter education
October 25, 2012
Indiana Supreme Court justice faces retention opposition
Indiana Supreme Court justice Steven David, who is facing a retention election this November, has launched a campaign website urging his retention.[1][2] David was appointed in 2010 by Governor Mitch Daniels, making this his first retention election as a Supreme Court justice.
David has faced a strong resistance to his retention since his involvement in a controversial ruling on the right to resist police. In the ruling, David and other justices found that residents had no right to resist police entry to their homes, even if that entry was illegal.[1] The ruling resulted in the creation of legislation clarifying Indiana residents' rights, and has prompted strong opposition to David's retention.
No other Indiana judge facing retention has ever created a campaign website; were justice David to be removed, he would be the first in Indiana's history. The Indiana constitution was amended in 1970 to require periodical retention elections for appointed judges.[1]
In the News
Georgia group slams Kansas candidate
Kansas: A surprisingly competitive situation regularly reserved for Supreme Court elections is developing in Sedgwick County, Kansas as an out-of-state political action group criticizes Judge Richard T. Ballinger of the 18th Judicial District. Georgia-based super PAC Safe Nation issued a radio ad opposing the candidacy of Judge Ballinger, who is facing Zoe Newton in the upcoming election.
The ad points out that Ballinger was issued a cease-and-desist order in 2006 for encouraging another judge to have a relationship with an employee. It also advises listeners to "vote Zoe Newton".[3] The Ballinger campaign had previously released an ad pointing out Newton's lower scores on a local bar association survey.
Interestingly enough, Newton criticized the Safe Nation ad in her favor, writing, "I firmly believe that certain campaign practices, such as negative ads, are unseemly in the context of a judicial race…My campaign is not responsible for this ad, nor do I condone or approve of it."[3]
Ballinger responded by telling his supporters, "If we don’t beat back this PAC now, judicial elections in Wichita will be changed forever."[3] The intentions of Safe Nation are currently unknown.
Citing State Code of Conduct, Supreme Court candidate asks opponent to denounce ad opposing him
Montana: Montana Supreme Court Candidate Ed Sheehy of Missoula is being criticized by a pro-business group which labels him as a judicial activist seeking to abolish the death penalty. Part of a radio ad by the nonprofit group Montana Growth Network uses a one of Sheehy's former cases as evidence of his alleged activism. In the case, Sheehy's client sought to avoid the death penalty by declaring it unconstitutional.[4]
| “ | It was a slap in the face for victims’ families and justice. Now Ed Sheehy wants to take his activist values to the Montana Supreme Court. - Montana Growth Network Radio ad[4][5] | ” |
Attorney Sheehy denied these claims of activism and defended himself saying, “I did my job representing my client. I have to raise any legal issue I can raise.” Sheehy also noted that his views on the death penalty are irrelevant, because as a Supreme Court Justice he would not preside over death penalty cases due to the cases he has worked on as an attorney.[4]
Sheehy has asked his opponent Laurie McKinnon to denounce the ad opposing him, citing Montana Code of Conduct which says, "...when a third party lies or makes false statements about a candidate, the other candidate should disavow the ad and ask them to cease and desist."[4] McKinnon, however, claims she has not heard the ad and that such a request is unreasonable in the middle of a heated campaign.
McKinnon and Sheehy will face off next month in the November 6th election.
Update
October 31, 2012: Last week, Judge Laurie McKinnon issued a press release denouncing the negative ad that targeted her opponent Ed Sheehy.
| “ | Negative advertising has no place in a nonpartisan race. I disavow any attempts to paint any candidate in a negative light. Mudslinging diminishes the prestige of our highest court. I ask for your vote based on who I am, not on negative portrayals of my opponent.[6] - Laurie McKinnon[5] | ” |
New York races set and announced
New York: Yesterday, the New York Courts finally released their Voter Guide, revealing races across the state and providing profiles on some judicial candidates. There will be races for all trial courts this year, the Supreme Courts, NYC Civil Court, City Courts, Surrogate's Courts, County Courts, District Courts, Family Courts, and Town and Village Courts. For the Supreme Courts, the state's court of general jurisdiction, there are 30 races, only one of which is uncontested.
One interesting race is for three seats on the 9th Judicial District Supreme Court. Seven candidates are competing for three seats. One of those candidates is Rory Lancman, who has served in the New York State Assembly since 2007 and was defeated in the primaries. Lancman was nominated by the Working Families Party in this year's 9th Judicial District race but has a lot of interest surrounding him and his future political priorities. Though he's technically in the race, in an article he expressed his interest in maintaining his law practice before considering long term plans.[7]
Oklahoma Bar Association launches CourtFacts.org
Oklahoma: The Oklahoma Bar Association has announced the creation of CourtFacts.org, a website intended to provide voters with information about the judges who are up for retention on the November 6 ballot.[8][9]
CourtFacts.org explains the way appellate justices and judges are selected in Oklahoma, and includes biographies and pictures of all the judges who will appear on the retention ballot. Links to court cases and opinions written by the judges and justices are also provided.[9]
The bar association's site is not the only tool designed to educate Oklahoma voters about retention elections. In June, the creation of the Oklahoma Civil Justice Council was announced. Backed by the State Chamber, the Council introduced a system that rates appellate judges based on how friendly they are to business interests.[9]
Cathy Christensen, president of the Oklahoma Bar Association, has stated that the bar association's "intent in creating Court Facts is to provide voters accurate, nonbiased information - just the facts."[9] She believes that the website offers an "opportunity to educate voters that fair and impartial judges are critical to the success of a strong legal system."[9] Christensen expressed concern that some interest groups might use retention elections to promote their own agendas, and hopes CourtFacts.org will make clear to Oklahoma voters the importance of an independent and nonpartisan judiciary.[9]
You can find the website here: CourtFacts.org.
See also
Footnotes
- ↑ 1.0 1.1 1.2 The Houston Chronicle, "Challenged Ind. justice launches campaign website," October 19, 2012
- ↑ Justice Steven David Campaign website, accessed October 24, 2012
- ↑ 3.0 3.1 3.2 The Wichita Eagle, "Ga.-based super PAC runs ad slamming Judge Ballinger," October 24, 2012
- ↑ 4.0 4.1 4.2 4.3 The Missoulian, "Pro-business group's ad attacks Montana Supreme Court candidate on death penalty," October 16, 2012
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Missoulian, "Montana Supreme Court candidate disavows negative ads," October 31, 2012
- ↑ TimesLedger.com, "Lancman bides time before mulling Council run," October 11, 2012
- ↑ Oklahoma Bar Association, Court facts website
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 Tulsa World, "Bar Association's website to counter State Chamber's judicial rating scorecard," October 4, 2012 (dead link)
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