JP Election Brief: Kidnapping, runoffs and voter ID

The JP Election Brief
Pulling back the curtain on the drama of judicial elections
In this issue...
Election news from: Maryland, Alabama, Arkansas,  Nevada, Indiana and Texas

July 10, 2014

by: State Courts Staff

With many states past the primaries, the general election battle lines have been drawn. Candidates from across the nation are highlighted below and a preview the upcoming Alabama runoffs is included. Also, get the scoop on the controversy surrounding a voter ID law in Arkansas, as well as a Maryland race in which the incumbent judge reported that she was briefly kidnapped.

Important dates: Filing deadlines: 7/7: Michigan 7/23: Iowa Runoffs: 7/15: Alabama primary runoff 7/22: Georgia runoff

Montgomery County judge encumbered by past controversy

Maryland:

Scandal-ridden Montgomery County Circuit Court judge, Audrey A. Creighton, survived the June 24, 2014 primary elections, receiving 22% of the vote in the Democratic primary, but losing the Republican nomination. Her challenger, Daniel Patrick Connell, received a similar percentage of Republican votes, though he lost the Democratic primary. Under Maryland judicial selection procedures, candidates may cross-file as both Republicans and Democrats and thereby secure one party’s nomination if they should fail to secure one from the other party. In this instance, all candidates cross-filed for both parties, resulting in nominal margins of victory in both party’s primaries for all five candidates. With no clear outcome, the five candidates will again compete against each other in the November 4 general election for 4 open seats.

The race could be particularly contentious for Judge Creighton, however, as Connell aims to draw attention to Creighton’s kidnapping and assault by her former intimate partner Ricky Joshua Senning, in hopes of criticizing her character and her ability to adjudicate.

In 2008, Creighton served as one of Senning’s criminal defense attorneys. After his release from state prison in 2013, Senning moved in with Creighton, who by that time was a judge. Later in 2013, Senning was charged with the possession of a small marijuana cigarette, but missed his initial court date. Senning then submitted a legal motion explaining that he had been given the wrong court date to avoid an arrest for his failure to appear in court. Senning’s case was then placed on Creighton’s docket, but she recused herself, citing a conflict. In May of this year, Senning was charged with the assault and kidnapping of Creighton, resulting in the current controversy surrounding her re-election to the court (see: Audrey A. Creighton, "Judge abucted by former friend, lover").

Connell has suggested that Creighton had a hand in drafting Senning’s motion in violation of the Maryland Code of Judicial Conduct, which prohibits judges from the practice of law. The matter has since been forwarded to the Maryland Commission on Judicial Disabilities for review and investigation.

The Montgomery County legal community has expressed concern on the outcome of the race. Supporters of Judge Creighton stress her experience and ability as a jurist, while detractors are quick to associate her relationship with Senning as a flaw on her character and judgment. Some are also concerned that, if Connell is elected, he would be able to circumvent a rigorous vetting process used to choose qualified judges (a selection method that Creighton herself had undergone prior to her appointment in February 2014). Ultimately, voters will decide in the November 4 general election.

Two Alabama races head to primary runoff

Alabama:

The primary runoff to decide close judicial races in Alabama will be held on July 15, 2014, and will be the last chance for four candidates hoping for a seat on the bench. The counties of Jefferson and Macon will both host Democratic runoffs.

Primary runoffs are held between the top two candidates when no candidate receives more than 50% of the votes in the primary.

One race is for the 10th Circuit Court in Jefferson County. A packed primary saw five Democratic candidates vying for a seat on the bench, but Pat Ballard and Perryn Carroll were the only ones to advance. Ballard led the pack with 30.5% of the votes, but the second-place spot was quite close. Carroll edged out Wyndall A. Ivey for a second chance in the runoff by only 112 votes, or 0.5%, according to the most recent totals. The winner of the July runoff will face Republican and former circuit court judge Gloria Bahakel in November.

The race for the Macon County District Court has also been a nail-biter. Deborah H. Biggers won the Democratic primary with 43.3% of the vote, but Linda W.H. Henderson and Katy Smith Campbell were extremely close in the race for second-place. In the end, Henderson won a spot on the runoff ballot next to Biggers, but it was only by a difference of six votes, according to initial results. Since no Republican candidate filed, the winner of the runoff will be unopposed in November.

Arkansas mounts challenge to ruling striking down voter ID law

Arkansas:

Every Thursday, Judgepedia's State Courts Staff highlights interesting events in the world of judicial elections across the nation. Make sure to use Judgepedia's Election Central the rest of the week as a hub for all your judicial election needs.

Earlier this year, a Pulaski County judge struck down a controversial voting law in Arkansas. Now, the state is challenging his ruling. Lawyers for Secretary of State Mark Martin argued that, in ruling the law unconstitutional, the judge did not follow court-mandated guidelines.

As we wrote about in a previous issue of the Election Brief, Sixth Circuit Judge Tim Fox ruled the state's new voter ID law unconstitutional. He also ruled that the law, Act 595, was approved illegally. He wrote that such a law could not create a new qualification to vote, and that requiring voters to show a photo ID is a new qualification. He further said that the legislature did not meet a required two-thirds vote threshold in approving the law.

Martin's lawyers, also representing the State Board of Election Commissioners, argued in a supreme court filing on July 3 that Fox was using an incorrect standard to evaluate the law. They wrote that he should have found the law a legal "procedural requirement," which helps poll workers to match voters with the names on the voter-registration rolls.

According to the brief:

“	When those comparisons confirm that the voter is who he claims to be rather than an imposter, then the public can rest assured that the person is lawfully registered to vote in the election.	”
—Brief filed by lawyers for the state

Plaintiffs will have an opportunity to respond to the filing before the state supreme court makes its ruling on the law.

Democratic Attorney General Dustin McDaniel joined Martin, a Republican, in the appeal of Fox's ruling. Democratic Governor Mike Beebe had previously vetoed the law before the Republican legislature overrode his veto.

Fox had issued a stay of his ruling, keeping the law in effect for the May judicial elections. The pending supreme court ruling could, however, affect a race between two circuit court candidates, Wade Naramore and Cecilia Dyer, who will compete in a runoff this November.

Judicial races in the Biggest Little City in the World

Nevada:

There are five contested races in Washoe Nevada, home of the Second Judicial District Court. That court is located in Reno, the so-called "The Biggest Little City in the World," where the number of candidates for this year's judicial races is certainly more than a little.

Two of the races are the challenge of an incumbent. Family court judge Chuck Weller is being challenged for his seat by Caren Cafferata-Jenkins. John C. Hope, Jr. was already eliminated from this race in the primary. Weller has held the position for a decade, and Cafferata-Jenkins is the executive director of the Nevada Commission on Ethics.

The Washoe County Bar Association recently released its judicial survey, where lawyers rate judges. Each judges' performance is ranked on a 1 to 5 scale, and the survey-takers also answer a "yes" or "no" question as to whether the judge should retain his or her seat. Weller received the lowest score of all the district court judges. His performance rating was a 3.5 out of 5, and 59% of respondents said he should be retained.

Weller retorted by explaining:

“

I've (decided) about 2,000 cases a year and have for the last 10 years and none of my decisions have ever been reversed on appeal by the Nevada Supreme Court. I think this shows my ability in knowing and applying the law.

”

Cafferata-Jenkins comes from a strong line of female politicians. Her mother, Patty Cafferata served as an assemblywoman, state treasurer, and district attorney. Her grandmother is Barbara Vucanovich, the first Nevadan woman to be elected to Congress.

Judge Lidia Stiglich also has a challenger for the general election. Stiglich was appointed to her position in 2012. She received one of the highest scores in the Washoe County Bar Association. Her rating was a 4.4 out of 5, with 93% of votes in favor of her retention. Her competitor, Keith J. Tierney, has a background in law and economics. He has served as the state economist, an attorney for the Nevada Public Utilities Commission, a city attorney in Reno, and the founder of his own law firm.

The other contested seats in the Second District feature no incumbents, so are expected to be especially competitive. For the full list of candidates, see: Nevada Second Judicial District Court.

Incumbent challenged in Indiana Small Claims court

Indiana:

An Indiana judge faces a challenge in November's election. Incumbent Danny Vaughn will compete against Gerald B. Coleman for his Wayne County Township position on the Small Claims Court.

Vaughn, running on the Republican ticket, won the 2010 election for the position on the court by defeating Maxine E. King in the general election. He earned both his undergraduate and J.D. degrees from Indiana University and, in addition to his position as judge, he also works as an attorney with a formidable 32 years of experience in small claims matters. Vaughn's campaign can be found online on Facebook.

Running against a well-established incumbent is no easy task, but Democrat Gerald B. Coleman is ready to try. In a video interview, Coleman recalls being inspired by his parent's efforts to move their family of eleven out of the projects and into a modest house. Coleman credits this experience with teaching him about hard work and success. Later in the same interview, he explains that his decision to work in public service is due to his desire to make decisions that will benefit people in a significant way. Coleman holds a degree in nursing as well as a J.D. He has over 20 years of legal experience. Coleman's campaign can also be found on Facebook.

Learn more about the Texas judicial elections

Texas: As the geographically largest and second most populous state in the U.S., Texas employs a fairly straightforward system of judicial selection, though the number of judicial offices in the state is massive. State judges are selected through partisan contests that take place in even-numbered years and include primaries, runoffs and general elections.

This year, incumbent and aspiring judges alike participated in partisan primary elections on March 4 to determine the Republican and Democratic nominees for each seat. These primaries, as well as the runoffs that followed on May 27, were in many cases the unofficial determinants of general election winners. For example, in races where the only people who filed for candidacy were Republican, the primary winner will run unopposed in the general election and win by default.

To learn even more about Texas judicial elections, visit Judgepedia's article on the subject. You'll find the answers to the following questions:

• Do judicial candidates have to pay to run?
• Does a candidate still compete in the primary election if he or she is the only person registered?
• What does it mean for voters that Texas' primaries are "nominally closed" but "functionally open"?

See also

• Judgepedia's Election Central
• 2014 judicial election dates