JP Election Brief: More lawsuits plus appellate court campaigning
The JP Election Brief | |
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| Pulling back the curtain on the drama of judicial elections | |
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| In this issue... | |
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September 4, 2014
| Two Ohio contestants in a high profile race advertise their qualifications and experience. Judicial candidates in Louisiana have filed for election, and the state's mandatory retirement age continues to make the news. Nationwide, there are still over 6,000 judicial candidates that will appear on the November ballot. | ||
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O'Grady vs. Brunner for 10th Court of Appeals
Ohio:
In the race to fill an unexpired term on Ohio's Tenth District Court of Appeals, two familiar names in Franklin County politics are going head to head this November 4.[1]
Republican Amy O'Grady, one of the contenders, has occupied the seat in question since May 2013 when she was appointed by Governor John Kasich to temporarily succeed Judith French. French, who was elevated to the Ohio Supreme Court, left behind a term that expires in 2016.[1]
O'Grady's current occupancy of the office could give her something of a leg up in the race, as name recognition is often an important factor in judicial elections. Reasoning that this might make it "unlikely that a competitive Democrat would step up" to challenge O'Grady, former secretary of state and court of common pleas judge Jennifer L. Brunner threw her hat in the ring as a Democratic candidate. Brunner, 57, considers herself better qualified for the job, saying that in order to be a good judge,[1]
| “ | You need some familiarity with state government and the relationships between government agencies and the court. You need to know and respect the boundaries between the three branches of government. | ” |
| —Jennifer L. Brunner | ||
O'Grady, 39, believes that voters will see her as more than just a familiar name. Though she accepted the title of judge with no former judicial experience, she claims that her nearly 15 months as an interim judge have helped her become someone worthy of the office. Prior to her judicial appointment, O'Grady served as an assistant Ohio attorney general, handling cases in the Ohio Court of Claims and serving as chief of crime-victim services.[1]
| “ | My work with crime victims, law-enforcement officers and the mentally ill allows me to look at a case in front of me and see how it will affect all kinds of people. It has been a natural progression through my career that has brought me here. ... This is all I want to do. This is my endgame. | ” |
| —Amy O'Grady | ||
Appeals court judges earn $132,000 a year. They handle cases in three-judge panels, hearing appeals from the common pleas, municipal and county courts.[1]
Judicial candidates by the numbers
Nationwide:
Though you may be familiar with your local judicial elections, did you know that, across the nation, there are over 8,000 judicial candidates seeking office in 2014? Below are some other stats to display the scope of the 2014 judicial elections.
Out of 8,294 judicial candidates who have filed to run for election in 2014, 6,119 (74%) will be on the ballot in November. Nearly 72% of these candidates facing election in November are incumbents. Arkansas, Georgia, Tennessee and Wisconsin have already completed their general elections. Approximately 2,100 candidates will face a competitor in November. That means that approximately 65% of the candidates are unopposed and already assured victory.
*Note that the statistics on this page may not include every Texas justice of the peace candidate, due to lack of available information. 956 such candidates are included. Additionally, the numbers do not include New York candidates, as the supreme court candidates in that state have not yet been determined.
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One contested race for courts of appeal, all incumbents safe
| 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. |
There will be one contested race for the Louisiana Courts of Appeal in this year's election. In the Third Circuit Court of Appeal, Judge D. Kent Savoie of the 14th Judicial District and Jamie Yelverton will battle it out for the soon-to-be vacant seat of Judge David Painter, who is retiring. The Third Circuit Court of Appeal has jurisdiction over twenty-one parishes in the southwestern part of the state.[3]
Savoie has been a judge in the 14th Judicial District since 2001, and Yelverton is an assistant district attorney in Calcasieu Parish. Both candidates are Rebublicans, and will face off in the primary election on November 4. Savoie's campaign website says that he "will bring our conservative values to the Court of Appeal." Yelverton also stressed his conservative views:
| “ | As I have traveled throughout our parishes and listened to our people, the message that I hear loud and clear is that it is time for a conservative on the Third Circuit Court of Appeal. I will be that conservative.[4][2] | ” |
There are no Democrats running for the position.
Judge Terri Love of the Fourth Circuit Court of Appeal almost had to run a campaign for re-election, but her opponent has withdrawn from the race. Douglas Hammel served as judge ad hoc for the Orleans Parish Traffic Court earlier in 2014, and didn't realize right away that the paperwork he signed for that position barred him from running in a judicial election for a year. He only served on that court for 3 days. After a New Orleans Advocate reporter informed him of the situation, he withdrew. Hammel "assumed that it was for that one spot (in traffic court)."[5] Love was first elected to the court of appeals in 2000, and re-elected in 2004. Since she is now unopposed for the 2014 election, she will be automatically re-elected for another 10-year term that will expire in 2024.
Retirement age not an issue as Marullo heads for re-election
Judge Frank A. Marullo, Jr. may now be free to run for re-election to the Orleans Parish Judicial District in Louisiana. Marullo has served on the court since 1974 and was, at 74 years of age, above the judicial age limit under Article V, Section 23(B) of the 1974 Louisiana State Constitution to run for his seventh term.[6]
The Louisiana Fourth Circuit Court of Appeal held differently however, citing the 1921 Louisiana State Constitution which enabled judges who had served for more than 20 years to retire at the age of 75. Marullo was appointed to the court on September 16, 1974 – four months before the 1974 State Constitution took effect. The court thus found that both old and new constitutions should apply in his particular case.[6][7] The court further stated that even though the mandatory retirement age is 75, no statutory mechanism exists to provide any procedure that outlines how a sitting judge must retire. Currently, when a judge reaches the mandatory retirement age, he or she is not considered automatically retired but instead must take action to formally retire or be retired by the Louisiana Supreme Court.[7]
Voters Marian Cunningham and Lisa and Robert Amoss brought the initial suit against Marullo. Lawyers representing the voters argued that Marullo, who was born on December 31, 1939, will turn 75 the day before his new term would begin, and thus could not even take his seat if he was elected.[8] Lisa and Robert Amoss are supporters of Marullo's challenger in the election, Graham Bosworth. Cunningham is not affiliated with any candidate and has not publicly stated whom she will be supporting.[9] The Amoss' plan on appealing their case to the Louisiana Supreme Court.[6]
Notably, the November ballot includes a measure that would remove the mandatory retirement age for judges altogether. The measure, if passed, could make the suit against Marullo invalid.[8]
Suit filed against two candidates in Louisiana race ends in disqualification of one
A judge ruled on a lawsuit filed by "a qualified elector" alleging that two candidates for the St. John the Baptist Parish court had "irregulatiries...on [their] qualifying forms."[10] In the ruling, he disqualified one candidate, Mona Joseph, but dismissed the challenge against the incumbent, Judge Mary Hotard Becnel.
Though the suit was filed in the St. John the Baptist Parish Court, it was not heard by one of the two other sitting judges. Chief Judge Madeline Jasmine and J. Sterling Snowdy both recused themselves from the case because Becnel is a colleague. Instead, the Louisiana Supreme Court appointed a special judge to hear the case. Associate justice John L. Weimer appointed retired judge Michael Kirby.[11]
The lawsuit was filed late in the day on Friday, August 29, with the parish judges receiving copies in their chambers around 4:15 p.m. The deadline to file objections to candidates for the November 4 general election was 4:30 p.m. that day.[10] Interestingly, the suit was filed by Melanie L. Trosclair, noted simply as "a qualified elector" on the petition, and it was filed on her behalf by the law firm of Rob Snyder. Snyder is also running for the St. John the Baptist Parish judgeship.[11]
The hearing was held on Tuesday, September 2, and Judge Kirby ruled that on Mona Joseph's qualifying document, "information was either missing or conflicted with information contained on [her] voter registration form."[11] Joseph can appeal Kirby's decision within 24 hours. Her attorney said she is considering all her options.
The suit challenging Judge Becnel's qualification as a candidate, however, was dismissed. The petition alleged that Judge Becnel used an ex officio notary without proper state identification numbers on the documents. Judge Kirby, however, found that this claim was without merit and that Judge Becnel "acted appropriately at all times and in no way violated any election laws," according to Becnel's attorney, Kevin Klibert.[11]
The plaintiffs must pay Judge Becnel's court costs, but Judge Kirby declined a request to levy "fines, legal fees, and sanctions against Trosclair."[11]
Florida incumbent defeats challenger in primary
A high profile challenger was defeated in the race for Florida's Hillsborough County Court. Incumbent Chris Nash defeated challenger Norman S. Cannella, Jr., receiving 65.2% of the votes to Cannella's 34.8%.[12] While it is not unusual for incumbent judges to take the victory in contested races, the race for Nash's seat drew considerable attention due to the legendary reputation within the legal community held by Cannella's father. As reported in Judgepedia's July 31 Election Brief, Norman Cannella Sr. was a well-known criminal defense lawyer in the Tampa area. Cannella, Jr. hoped to capitalize on his father's reputation in his bid for the judgeship, stating in an interview that, "People appreciate that maybe they don't know me as well as my father, but they can see that normally, the apple doesn't fall too far from the tree."[13]
While judicial elections in Florida are nonpartisan, Cannella's campaign attempted to use Nash's appointment by Governor Rick Scott in 2013 against him. Late in the season, the campaign mailed ads asking, "Does Rick Scott speak for YOU? Political appointments to the bench mean one thing … Political paybacks."[14] Nash dismissed the suggestion that he holds political ties to Scott, claiming he never met the Governor prior to his appointment. Having received a majority of the votes, Nash secured a victory and will begin his six-year reappointment in 2015.[15]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Columbus Dispatch, "In appeals court race, Brunner says she has experience edge on O’Grady," September 1, 2014
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ See Louisiana Third Circuit Court of Appeal
- ↑ Southwest Daily News, "Yelverton announces candidacy for Third Circuit Court of Appeal." August 11, 2014
- ↑ Nola.com, "Doug Hammel withdraws from 4th Circuit Court of Appeal race," August 25, 2014
- ↑ 6.0 6.1 6.2 The Times-Picayune, "New Orleans Judge Frank Marullo not too old for ballot, state appellate court rules," September 3, 2014
- ↑ 7.0 7.1 Louisiana Fourth Circuit Court of Appeal, "Marian Cunningham, Lisa Amoss, and Robert Amoss, et al. v. Frank Marullo No. 2014-CA-0931," September 3, 2014
- ↑ 8.0 8.1 The Times-Picayune, "New Orleans Judge Frank Marullo's candidacy questioned in 4th Circuit Court of Appeal," September 2, 2014
- ↑ The Times-Picayune, "Frank Marullo, Louisiana's longest-serving judge, heads to court in dispute over his age," August 29, 2014
- ↑ 10.0 10.1 Times Picayune, "Petitions filed against incumbent, challenger in race for 40th Judicial District Court seat," September 3, 2014
- ↑ 11.0 11.1 11.2 11.3 11.4 Times Picayune, "Judge Mary Hotard Becnel survives court challenge to re-election bid; candidate Mona Joseph disqualified," September 3, 2014
- ↑ Judgepedia, "Hillsborough County Court, Florida, "Elections: 2014," accessed September 3, 2014
- ↑ Judgepedia, "JP Election Brief: Attorneys weigh in on nonpartisan elections, Tennessee judges and conspiracy," July 31, 2014
- ↑ Tampa Bay Times, "Hillsborough County Judge Chris Nash cruises to re-election," August 26, 2014
- ↑ Judgepedia, "Florida judicial elections," accessed September 3, 2014
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