JP Election Brief: Lawsuits about elections and continuing controversies

The JP Election Brief
Pulling back the curtain on the drama of judicial elections
In this issue...
Election news from: Tennessee, Connecticut, Alaska, New Mexico, and Louisiana

August 14, 2014

by: State Courts Staff

The Tennessee Supreme Court justices make it through retention, but not by a whole lot. Controversies surrounding judicial candidates in Connecticut and Tennessee have people talking, while a Louisiana judge quietly decides to drop his re-election bid and retire instead. A lawsuit involving the process of judicial elections is brought up in New Mexico, and another is closed in Alaska.

Important dates: Filing deadlines: 8/22: Louisiana Primaries: 8/26: Arizona, Florida, Vermont and Oklahoma (primary runoff)

Tennessee Supreme Court justices survive retentions

Tennessee:

The well-funded, conservative-led effort to oust three justices of the Tennessee Supreme Court fell flat last week after the votes were gathered on August 7, 2014. However, it was a close election, with just a few percentage points saving the justices from losing their jobs.

Senate Speaker Ron Ramsey led the conservative charge to unseat the justices, while the justices organized their own campaign group called "Keep Tennessee's Supreme Court Fair." In the end, Cornelia Clark won retention with 55.3%, Sharon Lee with 56.0% and Gary Wade with 56.6%.

A lot of attention was focused on the money in these races. Since retentions are usually a quiet affair in which the odds are almost always favorable towards the incumbent, the money spent on these elections was significant. The three justices together reported a total of approximately $1,044,220 in contributions as of the latest campaign finance reports, which were filed on July 31. However, the amount of satellite spending was just as impressive. The justices' campaign group raised an additional $46,000. On the other side, Justice at Stake reported that Tennessee Forum, a group that opposed the retention, raised $426,000, almost all of which came from Ron Ramsey's political action committee. Additionally, the Republican State Leadership Committee was reported as having spent over $196,000 to oppose the justices. Over $987,000 of the money raised on both sides was spent on TV advertising.

The election was this year's first significant example of a partisan effort to reshape the courts. The New York Times reported that many conservatives actually viewed the outcome as encouraging, because of how close the margins were. To put it in perspective, the average percentage of "yes" votes received by the 24 supreme court justices across the nation who faced retention in 2012 was 69.7%. The recent drama in Tennessee mirrored a conservative attempt that year to unseat three justices in Florida. That did not fare nearly as well; all three of the justices managed to obtain over 67% of the vote.

Conservative groups like the Republican State Leadership Committee are now looking ahead to November supreme court races in other states, such as Michigan, Montana, North Carolina, Ohio and Texas.

For more information, see: Tennessee Supreme Court elections, 2014.

Candidate loses primary after husband is revealed to be white supremacist

Connecticut:

Anna Zubkova lost the Democratic primary for the Plainfield-Killingly Regional Probate District in Connecticut after it was discovered that her husband is a white supremacist. Zubkova's husband Robert Freeman was exposed by the watchdog organization One People's Project as a previous member of a prominent neo-Nazi group for several years. Freeman first attracted the organization's attention ten years ago after he attended a rally with 300 neo-Nazis in Pennsylvania. Freeman also was arrested in 2007 on a felony cruelty to animals charge with two other men, according to the Boston Globe. The paper reported that two of the individuals, including Freeman, had ties to white supremecy groups and had tortured and decapitated a rabbit and posted the video online. The men were cleared after they stated they had killed the rabbit for food. Freeman currently maintains a pro-white blog entitled, Mindweapons in Ragnarok. The blog references mythological and science fiction-based apocalyptic scenarios and includes entries promoting whites-only towns, white pride and using individuals from different races and cultures as spies.

Anna Zubkova, currently an attorney in Plainfield, Connecticut, has been married to Freeman for seventeen years and has one daughter with him. According to Freeman, Zubkova obtained her citizenship through the marriage. In an interview with the Norwich Bulletin, Zubkova argued that she does not share the views of her husband and that his views would not affect her fitness for the bench. She stated:

“

He did not have those views when we married, but acquired them after. What am I supposed to do? Divorce him? It's not unusual for husbands and wives to have different views. As a judge, I can assure you I would not discriminate against anyone, even based on their beliefs. In my career, I've represented clients from many different backgrounds and races, all to the best of my knowledge and ability.

”

Reactions among Zubkova's supporters to the discovery of Freeman's associations expressed shock and concern. Paul Sweet, Plainfield First Selectman and one of Zubkova's endorsers, said that finding out about her husband's history was like "getting kicked in the stomach." In response, Sweet pulled his support and encouraged others to do so as well. "I feel (Zubkova) deceived us by omission and I feel misled," he said.

Zubkova obtained six out of sixteen votes in the Democratic endorsing committee's convention and had received the endorsement of the Plainfield Democratic Town Committee. Chairman William Holmes stated that had the committee been aware of Freeman's views at the time of Zubkova's endorsement he would have proposed holding off on the endorsement until further research had been completed. When Zubkova's primary opponent, Killingly attorney Andrea Truppa, was informed about the situation she declined to comment but said that she was "very shocked."

While Truppa claimed victory in the primary on Tuesday, Zubkova is not giving up without a fight. According to the Plainfield town clerk's office, she recently filed paperwork to appear on November's general election ballot as a petitioning candidate.

Alaska Supreme Court secures powers of state Judicial Council

Alaska:

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.

The Alaska Supreme Court ruled on August 8, 2014, that the Alaska Judicial Council can make judicial retention recommendations and release new information in the three months before the election. This decision could influence Third District Judge William L. Estelle's chances for retention. Back in June, the council decided to oppose the retention of Judge Estelle.

This case traces back to 2010, when some Alaskan voters filed a complaint against the judicial council, questioning the constitutionality of its powers. The council had not recommended Richard W. Postma, Jr., who was then a district judge in the Third District, for retention due to abusive communication with colleagues and "perceived mental health issues". They spent thousands of dollars publicizing their disapproval, and Postma was not retained in the election.

The first complaint against the council was made a few days before the 2010 general election, and claimed that it was unconstitutional for the council to make retention recommendations. They also decried the council's ability to put out new information in the 60 days before an election. In November, another challenge said that the council's advertisements against Postma were a form of "executive patronage", and exceeded constitutional boundaries. A superior court ruled that the council does have the right to make retention recommendations, but they prohibited them from releasing new information in the three months before an election. The supreme court went further and said that there is nothing in the constitution preventing the council from making public new information before an election. According to the written opinion of the Alaska Supreme Court,

“	While reasonable people may disagree whether it is good public policy to authorize a state agency to make recommendations to the public on how the public should vote, we defer to the Legislature to make this policy decision because the Alaska Constitution vests broad power in the Legislature with regard to the council.	”
—Justice Craig Stowers

According to the judicial council, they did not recommend Judge Estelle because he filed 16 untrue affidavits that claimed he had finished cases within the appropriate time constraints. Under state law, judges are not to be paid if they have undecided cases pending for over six months. The council approved all of the 13 other justices up for retention. The election will occur on November 4, 2014.

Nashville mayoral candidates speak out over unopposed judicial candidate

Tennessee:

The controversy surrounding an uncontested judge race in Tennessee created political complications in a big mayoral race. In Nashville, Metro Councilwoman Megan Barry has called for the resignation of Judge Casey Moreland, while a political action committee with ties to businessman Bill Freeman expressed support for Moreland without reservation. Barry is running for mayor of Nashville next year, while Freeman is considering a run.

Moreland, a judge of the Davidson County General Sessions Court, was elected in 1995 and is unopposed for re-election this year. While he is unopposed, Moreland's recent troubles have caused enough of a stir to potentially seep into a mayoral race in the capital city.

The judge was involved in a case involving the defendant of a friend. Attorney Bryan Lewis misinformed Moreland about the nature of the relationship between the defendant, David Chase, and Lauren Bull, Chase's girlfriend. After Chase was arrested for beating Bull on June 8, Moreland chose to release him without holding him in jail for a 12-hour "cooling-off" period allowed by law. Chase allegedly beat her again after the release. Last month, three state senators filed a complaint about Moreland's decision with the Tennessee Board of Judicial Conduct.

Last week, Chase, a contractor, argued in court that Bull, his now ex-girlfriend, assaulted him.

Moreland said he regretted his decision and that he did not make the decision to help Lewis, his friend. He said Barry's criticism was political, which prompted Barry to criticize him again.

Freeman, a Democratic Party donor, is the chair of Nashville United for Fairness and Justice. The PAC's endorsement of Moreland was in combination with the rest of the Democrats, both contested and uncontested, for Davidson County primaries on August 7. Freeman said in a phone interview:

“	We just embraced all the Democrats. I'm a supporter of Casey's, and I'm happy to have him on that mailer.	”
—Bill Freeman,

He added that he has known Moreland for 25 to 30 years and knows him to be "a man of character and a good judge."

Newly appointed judge sues for the chance to keep her job

New Mexico:

A recently appointed Democratic judge has challenged her party's decision to nominate someone else to run for her seat in November.

District Judge Gina Manfredi, who had been an assistant city attorney in Rio Rancho and was appointed to a newly created seat on the 13th Judicial District Court by Republican Governor Susana Martinez in July, has filed suit in the 1st District Court in Santa Fe in an effort to overturn the Democratic Party State Central Committee's decision to place Bernalillo lawyer Christopher Perez in the race instead.

Manfredi sees a conflict between the state's merit-based appointment of judges utilizing recommendations by a voter-approved nominating commission and a statute that allows political parties to select candidates for open judgeships when an appointment is made after the deadline for filing for the primary race. In this case, the seat on the Thirteenth Judicial District Court was created by the New Mexico legislature earlier in the year, but the position was not ready to be filled until after the filing deadline for the judicial primary. Manfredi's complaint, presented to the New Mexico First Judicial District Court, states that this "conflict...further politicizes the judicial selection process, dilutes the New Mexico Constitution, and shifts the focus of the judicial nomination from merit to political support garnered at the state central committee meeting." Manfredi was screened by the bi-partisan nominating committee and recommended for potential appointment to the bench by Governor Martinez. It was then Governor Martinez's decision to appoint Manfredi to the bench.

Democratic Party Chairman Sam Bregman, an Albuquerque lawyer, dismissed Manfredi's suit, saying that the earlier supreme court decision affirmed the party's authority to nominate Perez instead of Manfredi.

If Manfredi's challenge is rejected, she will only serve out the remainder of this year's term before handing the gavel to the winner of the November election. Republicans have nominated Cheryl Johnston as their candidate for the judgeship.

Louisiana parish judge withdraws election bid, decides 26 years was enough

Louisiana: Louisiana Judge George W. Giacobbe, 69, had every intention of seeking another six-year term on the 1st Parish Court when he announced his re-election bid weeks ago. Even as recent as Monday afternoon, his campaign managers sent notice to local news media outlets confirming that he would appear on the November 4 ballot.

But during Tuesday morning mass, it seems the judge had something of a moment of clarity. "I had 26 good years over there," Giacobbe commented, referring to his service to the court that began in 1988. Good as those years may have been, the judge decided during the service at St. Phillip Neri Catholic Church that he would not run for re-election after all.

The decision may come as good news to his would-be opponents, attorneys Monique Lafontaine and Stephen Petit, who recently confirmed their candidacy for the position. Other candidates may emerge as well, since qualifying doesn't begin until August 20. Giacobbe said he chose to announce retirement when he did to give other potential candidates time to adapt their campaigns.

Giacobbe was initially elected in 1988 to fill the vacancy left when Judge Jim Lockhart died in office. After emerging as winner from a special election and the subsequent runoff, he has occupied the seat ever since. His 26 years on the bench make him the second longest-serving judge in Jefferson Parish behind Ann Murry Keller, who joined the court one year before he did.

How does Giaccobe plan to enjoy his retirement? "I'm going to spend time with my family and my grandchildren," he said.

In Giaccobe's absence, Rebecca M. Olivier is slated to take over as senior judge of the court, a role Giacobbe thinks she is well-equipped for.

See also

• Judgepedia's Election Central
• 2014 judicial election dates