JP Election Brief: Costly campaigns and a 12-way race
November 1, 2012
Countdown to the Election!
Retention opposition in Arizona
Most of the time, and almost as a matter of course, judges up for retention are successful. However, in an unusual development, Arizona Supreme Court Justice John Pelander is fighting to retain his job on Arizona's highest court in the face of a targeted Republican and Tea Party campaign to oust him from the position.[1]
Justice Pelander, who was appointed to the court by Republican Governor Jan Brewer in 2009, is being targeted by conservatives because he was part of a three-judge panel that, in September, upheld a lower-court ruling to allow Proposition 121 to appear on the ballot in November. Proposition 121 is an initiative that would do away with the two-party primary system and instead allow the top two vote-getters in the primary to move on to the general election, regardless of party affiliation. Opponents of the proposition claim that it should not appear on the ballot because some of the signatures collected in its support were fraudulent. Now, some of those opponents are seeking to oust Pelander from the court for his role in the decision.[2]
Pelander has stated that his opponents are mischaracterizing the nature of the Supreme Court's ruling in the Proposition 121 case, and that their efforts to remove him from the court constitute "a personal attack on [him]" and "an affront to the integrity of the court."[1] He believes that countering their efforts is necessary in order to protect the justice system.[1]
Pelander has formed a political committee to support his retention bid in order to combat the allegations made by his detractors.[1] This year, he received perfect scores for integrity and legal ability in surveys conducted by the Arizona Commission on Judicial Performance Review. The Commission unanimously voted that he meets judicial performance standards.[3] In addition, two Phoenix attorneys have created an independent committee called Save Our Judges to counter the campaign against him. A spokesman for Governor Brewer stated that the governor is standing behind Pelander, as well.[2]
It would take a majority of voters to vote Pelander out of his position on the court. If that happens, he would be the first Arizona judge since 1978 not to be retained in a retention election.[2]
In the News
Campaign finance reports and endorsements
With the election less than one week away, two topics allow a glimpse into the vitality of a judicial candidate's campaign: campaign finance reports and endorsements. Since most judicial candidates were required to file pre-general election campaign finance reports last week, the Departments of State provide interesting comparisons in hotly contested races.
Michigan
In Michigan, the six candidates supported by the Republican and Democratic parties filed reports last week. Their combined committees' fundraising through October 21 was about $2,733,000. The highest amount was raised by Justice Brian Zahra, a Tea Party favored candidate who is running in his first election for the high court. The lowest was raised by District Court Judge Shelia Johnson, a Democrat running for a full term. Complete information on candidate contributions can be found at: Michigan Department of State, Candidate Committee Search: Justice of the Supreme Court.
Though individuals campaigns have brought in nearly $3 million, the Democratic and Republican parties have spent a combined total of $10 million on television advertisements alone. As the website MLive.com points out, these ads often attempt to paint opponents "as protectors of rapists, child-porn collectors and terrorists."[4]
Louisiana
In a less contentious and less expensive race, the eight candidates running for one seat on the Louisiana Supreme Court have raised about $1,980,000. Almost all candidates contributed significant amounts to their own campaigns, with the exception of Jeffry L. Sanford. The candidate has raised $151.[5] All campaign finance reports can be found at the Louisiana Ethics Administration Program.
Alabama
While some candidates are boasting big numbers, others are proud of their endorsements. One notable endorsement this week was in favor of Judge Robert S. Vance, who is running for the position of chief justice on the Alabama Supreme Court. He received the endorsement of nine former and one retiring high court justices. Most notably, retiring Republican Justice Thomas Woodall endorsed Vance's candidacy, as did retired Chief Justice Sue Bell Cobb. Of the total, three endorsements came from Republicans (Vance is a Democratic candidate) and four were from justices who served under Roy Moore when he was chief justice.[6] Moore also received a big name endorsement this week, from religious group Focus on the Family's Founder, James Dobson.[7]
Republicans spend heavily on Justice Newby's behalf
This year's North Carolina Supreme Court race has the potential to flip the balance of the court, which is currently 4-3 in favor of conservatives. Though the judicial race is technically nonpartisan, the candidates have clear political affiliations. Incumbent justice Paul Martin Newby, the Republican, is besting his Democratic opponent, Sam Ervin in the spending category, though most of it is coming from outside groups.
The $337,466.80 that Newby's campaign has reportedly spent is being overshadowed by outside groups.[8] Justice for All NC, a Republican independent expenditure committee, is one of the highest-spending of these groups. So far, they've funneled $720,000 through the N.C. Judicial Coalition, a political action committee, or "super PAC," formed to support Newby. The Judicial Coalition has currently raised a total of over $1.6 million to support Newby's re-election.[9] Other big sources of fundraising include the Republican State Leadership Committee and Americans for Prosperity.
Among other things, Republicans are hoping that a conservative court will help them maintain favorable legislative districts when the state's challenged redistricting maps from 2010 finally make their way to the Supreme Court.[10]
Though it looks like Ervin is facing an uphill battle, it will be interesting to see how voters react to the two candidates on Nov. 6.
Democrats spend big in Texas
Texas: Two months ago, a PAC (political action committee) was formed in Texas to support the Democratic candidates running for election in the Third District Court of Appeals. The PAC, the Judicial Fairness Fund, has spent over $50,000 on the four Democrats in the race. One of them is an incumbent and the others are challenging Republican incumbents.[11]
By spending more than $5,000 on each candidates, the PAC triggered a rule which removes restrictions from campaign fundraising. Candidates from both parties previously allowed to accept under $5,000 per donor can now collect unlimited gifts. Ironically, the removal of this restriction has benefitted the Republican candidates far more than the Democrats as funds have been flowing into the race. Such high spending on a Court of Appeals race is very rare; the restrictions on gifts to candidates has only been lifted seven times since 1995.[11]
Republicans have been critical of the Democratic PAC, and the Democratic candidates say they have little knowledge of the Committee or its plans. By the nature of PACs and their rules, the Democratic candidates are unable to coordinate with the Committee. The Austin attorney who helped found the Judicial Fairness Fund, Chuck Herring, said the PAC would have been unable to effectively communicate with the electorate without exceeding the spending limit and triggering the shift in campaign rules.
The candidates in the race are:
- J. Andrew Hathcock-Democrat challenger
- Karen L. Watkins-Democrat challenger
- Bryan Case-Democrat challenger
- Diane Henson-Democrat incumbent
- Scott Field-Republican challenger
- Jeff L. Rose-Republican incumbent
- David Puryear-Republican incumbent
- Robert Pemberton-Republican incumbent
Resignation in Montana creates unusual 12-way race
The resignation of Justice of the Peace Chuck Wall earlier this year created a vacancy on the Lake County Justice Court that drew the attention of 12 candidates. With the vacancy occurring after the 2012 primary there was no chance to narrow down the field.
With such a large selection of candidates, residents will be challenged to educate themselves before heading to the polls next week. Also due to the race being nonpartisan election, voters will not be able to vote based on office seekers' political affiliations.
The Candidates
- Alan Booth is a police detective living in Polson. He holds an associate degree of applied science in criminal justice. Booth says he would be an unbiased judge, looking at each case individually to make a fair decision.[12]
| “ | Communication has been the most valuable skill for my position. Taking the time to listen not only to what a person may be saying but how they are making the statement. This can make a change to the meaning. I have also learned to appreciate other non-law enforcement professionals who advocate for victims in their time of need. Together we can make the best outcome possible for the public.[12] - Alan Booth[13] | ” |
- Ron Boyce is a former assistant police chief living in Polson. He served in that position from 1986 to 1998. He is a graduate of Montana State University and the Law Enforcement Academy.[12] Boyce said he would bring the following to the courtroom:
| “ | ...good common sense, an excellent knowledge of the law, a reputation based on being fair, ethical, grounded and impartial, and the knowledge that I am working for the public and am a public servant.[12] - Ron Boyce[13] | ” |
- Dennis DeVries is a retired banker living in Polson. He earned his B.S. in Agricultural-Economics from Montana State University and graduated from the Pacific Coast Banking School in Seattle, Washington.[12]
| “ | I think the people of Lake County deserve a common sense justice that will be fair to everyone. I bring a concern for justice for everyone in Lake County and the willingness to work hard to achieve it. With good judgment and a desire to be fair for all parties concerned, I can show justice for all citizens.[12] - Dennis DeVries[13] | ” |
- Joey Jayne is an attorney in Arlee. She holds a B.S. in agricultural industries at Arizona State University, an M.S. in watershed management/hydrology from the University of Montana and J.D. degree from the University of Montana School of Law. She served as a state representative HD 73 from 2001-2004 and as HD 15 from 2004-2008. She also serves as an Appeals Court Judge with the Confederated Salish and Kootenai Tribes.[12]
| “ | The vast legal knowledge, experience, and skills gathered over 20 years will allow me to make law-based, wise, independent, and unbiased decisions.[12] - Joey Jayne[13] | ” |
- Edwin Jonas, III is a cattle rancher and civil trial attorney living in Rollins. He earned his B.A. in education from Rutgers University, his LL.M. in taxation from New York University, and his J.D. from Rutgers School of Law.[12]
| “ | Experience of over 34 years for both parties and on various sides in legal matters has helped me hone my ability to remain objective and not jump to conclusions not supported by law and factual evidence, but carefully analyze evidence including testimony and reach conclusions supported by the facts and the law.[12] - Edwin Jonas, III[13] | ” |
- Steven Robert Kendley is a former Lake County sheriff’s detective living north of Polson. He holds a B.S. from the University of Montana and is a licensed FAA aircraft mechanic and an Advanced Certified Montana Public Safety Officer. He served Lake County and the Montana Supreme Court as a youth court officer for five years. He retired from the Lake County Sheriff’s Office in August 2012 due to a work related injury.[12]
| “ | ...while there are many candidates of varying skills and with varying situations in this race, I am not interested in my own agenda. I am a God-fearing man who will bring fairness and honesty to the position.[12] - Steven Robert Kendley[13] | ” |
- Daryl Kerr is a New Horizons-Microsoft certified systems engineer living in Polson. He is an advocate of restorative justice as an alternative to jail time. If elected, Kerr plans to expand the court's computer systems, allowing fees and fines to be paid online.
| “ | I have the time and energy to do anything and everything for the benefit of our community. I am acquainted with the problems in the community and will work to resolve them. I care for each individual as a person and would like to see everyone prosper.[12]
I will be fair, but strict to make a difference in our community. I feel that community service vs. jail time can vastly improve Lake County as a whole.[12] - Daryl Kerr[13] |
” |
- Kathleen O’Rourke Mullins is an attorney at her law firm, O’Rourke Mullins Law Office and lives in St. Ignatius. She earned her B.A. in English and government/history from Eastern Montana College and her J.D. from the University of Montana School of Law. As justice she says she will bring her legal training and experience to the courtroom.[12]
| “ | I have practiced in many Montana Justice Courts, District Courts, its Supreme Court, our Federal District Courts and the Ninth Circuit Court. I have conducted myself throughout my career in a professional and highly competent manner. I will always be mindful that the authorities of that office are not to be abused or misused.[12] - Kathleen O’Rourke Mullins[13] | ” |
- Sharon Richardson is a former Lake County justice of the peace who served from 1999 to 2002. She is a graduate of Nampa Business College and National Judicial College. She holds a certification through the Court of Limited Jurisdiction. She hopes to return to the court after being ousted by Chuck Wall in 2002. She says that she will bringing "a level head with stern resolve" to the court.[12]
| “ | I am a nonpartisan candidate with no hidden agenda or corrupted former affiliations. My track record of being equal to all citizens of Montana will level the playing field for all voters. Bringing an established, uncorrupted responsibility to the title of honorable judge is what makes me the best choice for Justice of the Peace in Lake County.[12] - Sharon Richardson[13] | ” |
- James Raymond is an attorney engaged in private practice and lives in Polson. He has experience on the justice court from his time serving as a substitute judge for Justice Wall. He graduated from the United States Naval Academy in Annapolis in 1987 and from the University of Montana School of Law in 1996. He served as a combat officer in the United States Marines during the first Gulf War. Raymond says his skills range from raising honeybees to organizing infantry assaults.[12][14]
| “ | I’ll have a very steep learning curve and be at full-throttle faster than anyone.[12] - James Raymond[13] | ” |
- Rick Schoening is a Polson police officer living in Reservoir Valley. He holds a B.S. in wildlife biology/secondary education from the University of Montana and is a graduate of the Montana Law Enforcement Academy with basic and intermediate certificates. Schoening plans to bring his skills as a communicator, problem solver, peacekeeper and self-starter to the courtroom.[12]
| “ | As Justice of the Peace, I want to bring my practice of common sense interpretation to applying the laws. I am an advocate for victims of crimes and wish to see justice for them and their families.
I have the ability to communicate with all walks of people. I have been a peacekeeper my entire life, so I understand conflict resolution.[12] - Rick Schoening[13] |
” |
- David Weinandy is a veterinarian living in Pablo. He earned his B.S. and Doctorate of veterinary medicine from Michigan State University. Weinandy is running for justice because he hopes to fix the problems that have developed in the county's justice court.[12]
| “ | The majority of the problems are in administrative areas of the court, before and after the trial, people charged with the wrong crime. There are a lot of administrative issues that need to addressed.[12] - David Weinandy[13] | ” |
Thoughts from the current Interim Justice Ann-Marie McNeel
| “ | The Justice Court of Lake County is one of the busiest courts in the state. Its caseload ranks in the top 10 with the largest of Montana’s municipalities. Among these, it’s the only court served by just one judge. Thus, the judge you elect must be intensely committed to the job.
In making your vote for Lake County Justice of the Peace, I encourage you to put politics aside, go beyond mere name recognition, and select a judge who is qualified by integrity, insight and intelligence.[15][13] |
” |
Justice Ann-Marie McNeel currently serves as interim judge on the court and will step down on January 1, 2012 when the permanent replacement will take office. The replacement will be elected by voters in next week's election.
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 AZ Central, "Arizona Supreme Court Justice Pelander fights effort to oust him," October 27, 2012
- ↑ 2.0 2.1 2.2 The Republic, "Arizona Supreme Court Justice Pelander says he'll fight to keep his job in election," October 27, 2012
- ↑ KVOA.com, "State Supreme Court judge fighting attacks from his side of aisle," October 31, 2012
- ↑ MLive.com, "Race for Michigan Supreme Court is high-stakes, expensive," October 31, 2012
- ↑ The Advocate, "La. Supreme Court race rakes in $1.98 million," October 31, 2012
- ↑ Associated Press, "10 former and current Alabama justices endorse Bob Vance over Moore in race for chief justice," October 30, 2012
- ↑ Tuscaloosa News, "Dobson backs Moore in state chief justice race," October 30, 2012
- ↑ WRAL.com, "Conservatives spending heavily on court race," October 30, 2012
- ↑ Follow NC Money.org, "North Carolina Judicial Coalition"
- ↑ Facing South, "Justice for sale? Backers of shadow groups pushing money into NC judicial election may have high stakes in outcome," October 30, 2012
- ↑ 11.0 11.1 The Statesman, "PAC shakes up usually quiet 3rd Court races," October 30, 2012
- ↑ 12.00 12.01 12.02 12.03 12.04 12.05 12.06 12.07 12.08 12.09 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 The Valley Journal, "12 Lake County Justice of the Peace candidates offer voters range of choices," October 10, 2012
- ↑ 13.00 13.01 13.02 13.03 13.04 13.05 13.06 13.07 13.08 13.09 13.10 13.11 13.12 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ James Raymond Facebook Campaign Page
- ↑ Valley Journal, "Judge carefully when selecting new JP," October 17, 2012
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