JP Election Brief: Primary match-ups across the nation

The JP Election Brief
Pulling back the curtain on the drama of judicial elections
In this issue...
Election news from: Idaho, Oklahoma, Indiana,  Missouri, Ohio and Georgia

April 24, 2014

by: State Courts Staff

Though more and more candidates are filing every week, many judicial elections are currently in a "calm before the storm" prior to primary season. The months of May and June will see an abundance of judicial primaries, so candidates in many states have been gearing up. This week, we touch on some controversy in the Idaho Supreme Court race and we preview some races in Oklahoma, Indiana and Georgia. Additionally, we'll zoom in on the activities of Democrats in a couple of Ohio and Missouri races.

Important dates: Elections: 5/6: Primaries in Indiana, North Carolina and Ohio Filing deadlines: 4/24: New York 5/2: Florida 5/9: Mississippi

Conflict in Idaho Supreme Court race

Idaho:

This year's race for the Idaho Supreme Court is peppered with an unusual amount of conflict. While the 2008 and 2010 elections were each competitive in their own right--2008 was especially close, featuring one of the narrowest supreme court races in the history of the state--2014 is breeding contention of a different kind.

Running for re-election this year is Joel Horton—the man who won that narrow 2008 race by a margin of .02 percent. His competitor, well-known Boise attorney Breck Seiniger, has ignited controversy through a write-up on his website titled "Joel Horton and the appearance of impropriety."

The article, describing an incident that took place during the 2008 election season, claims that Horton cozied up to the J.R. Simplot Company when the food corporation was caught in a lawsuit with Idaho farmers:

“	During [Horton's re-election campaign], the Idaho Supreme Court deliberated on an appeal filed by J.R. Simplot to overturn a jury’s $2,435,906 verdict against the corporation in favor of a group of Idaho farmers. It just so happens that the treasurer for Horton’s re-election campaign was, at the same time, in-house counsel for J.R. Simplot. … Our justice system only succeeds when people have full confidence in the impartiality and fairness of the judges. By participating in the deliberations on this case AND writing the majority decision, Horton gave the appearance that the integrity of the Idaho Supreme Court was severely compromised. Justices are expected to identify any conflict of interest—or the appearance of any conflict of interest—that may cause them to be biased—or appear biased—while deciding a case and voluntarily recuse themselves from the case in order to prevent a biased ruling from being handed down.[sic]	”
—Breck Seiniger

Beneath the write-up, Seiniger supplies readers with documents noting the appointment of Horton's treasurer, Horton's declaration of candidacy, a Martindale.com listing of the treasurer's affiliation with Simplot and more.

In an interview, Horton denied that his tie to the agribusiness leveraged him campaign support or influenced the lawsuit's outcome. He stated that his challenger was looking to "distinguish himself" and had "taken a few things out of context that represent a flat misunderstanding of how the court works.”

Horton said he agreed with Seiniger that judges ought not allow outside influences to sway their rulings:

“	I don’t think the justices of the Supreme Court ought to be representing anybody. Our job is to try to get the law right. The five of us have worked hard to get the law right, not to decide cases on who we think ought to win, but on the basis of the law.	”
—Joel Horton

Oklahoma primary election overview

Oklahoma:

In Oklahoma, judicial candidates only appear on the primary election ballot if more than two people have filed for the same race. Races with two candidates will not occur until the general election in November. This year, there will only be five judicial races for the primary on June 24. Three races are for district judge positions and two are for associate district judge positions. The five races are:

Oklahoma District 4, district judge: Office 1

Counties of: Alfalfa, Blaine, Dewey, Garfield, Grant, Kingfisher, Major, Woods, and Woodward

• Mike Stake
• Jeremy Bays
• Justin P. Eilers

Oklahoma District 14, District judge: Office 2.

Counties of: Tulsa and Pawnee

• Tanya N. Wilson
• Marijo Copeland
• Sharon Holmes
• David C. Phillips

The current holder of this seat is Judge Jesse S. Harris, who did not file for re-election.

Oklahoma District 14, District judge: Office 14

• Kurt Glassco (incumbent): Glassco will be the only judicial incumbent running in the primary election. He was appointed in 2009 by Governor Brad Henry, and won election to the court in 2010.
• Jon R. Patton: Patton is running again this year after being defeated by Glassco in the 2010 election.
• Jill Webb
• Michael Jordan Fairchild

Oklahoma District 20, Associate district judge: Carter County

• Bob Pinkerton
• Tim Burson
• Brett Morton
• Thomas K. Baldwin: Baldwin is currently a special district judge in Carter County.

Oklahoma District 22, Associate district judge: Pontotoc County

• Heather Hammond Wright
• Lori Jackson
• Preston Draper

Candidate roundup: Bartholomew County Superior Court

Indiana:

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.

With Indiana's primary on May 6 swiftly approaching, it's a good time to browse Judgepedia to learn about the candidates on the ballot. In Bartholomew County it's a three-way race in the Republican primary between incumbent Kathleen Tighe Coriden and challengers Gregory E. Long and Jeffrey L. Logston.

Judge Coriden, who previously ran for election as a Democrat, is now running in the Republican primary. She previously served on the Bartholomew County Superior Court from January 1, 2000 until December 31, 2002, and returned to the court in 2009. Prior to her judicial appointment, Coriden served as the staff attorney and executive director of legal services for the counties of Bartholomew, Brown, Decatur, Jackson and Jennings. Her résumé also includes 22 years of experience as a part-time deputy prosecutor and work in a law practice with her son and husband. You can find out more about Coriden through her campaign website.

Gregory E. Long is a native of Bartholomew County. He has over 16 years of experience as an attorney, and has served for over 13 years as a deputy prosecutor for Bartholomew County. He serves as president of the board for Dancer's Studio, Inc., vice president of the board for Volunteers in Medicine, and vice president of the Bartholomew County Bar Association. His campaign website can be found online as well, at www.greglongforjudge.com.

Jeffrey L. Logston, from Columbus, Indiana, has lived in Bartholomew County for 35 years. His legal experience includes working at the Indianapolis law firm Kroger, Gardis & Regas, LLC. After nine years with that firm, he founded his own law office called Indiana Legal Mediation. He currently serves as the city attorney and the executive director of administration for Columbus. On his campaign website, he also states that he and his family are active members of the First Christian Church. You can find his campaign online at: www.votejeff4judge.com.

Missouri Democratic candidates report contributions, reveal disparity

Missouri:

In the campaign for Boone County, Missouri's Division 5 associate circuit judge seat, public defender Kimberly Shaw raised more in one day than her two primary opponents did for the quarter. Shaw filed documents with the Missouri Ethics Commission showing that she donated $10,000 of her own money to her campaign last Wednesday.

One of her opponents, attorney Finley Gibbs, reported $6,300, including $1,000 of his own money and $5,000 from William Rotts, his law partner. Public defender Robert L. Fleming reported $2,105 for the first quarter of 2014. All three candidates are Democrats, running for the seat left open by retiring Judge Larry Bryson, who has held the seat for 28 years.

The two Republicans running for the seat, Michael R. Whitworth and Doug Shull, have not had contributions to report, nor have they organized campaign committees.

Shaw is an assistant public defender in the District 13 public defender’s office, while Fleming holds the same title in District 14. Gibbs is a partner at the law firm of Rotts & Gibbs. Whitworth practices with Ford, Parshall, & Baker, while his primary opponent Shull holds a practice at the Law Office of C. Douglas Shull.

Boone County is presided over by the 13th Judicial Circuit Court. The primary races will take place on August 5.

Lucas County races trigger party endorsements

Ohio:

For the first time in nine years, the Lucas County Democratic Party will officially endorse candidates for elections ahead of the May 6th primary.

The Democratic Party had previously ended the practice of making pre-primary endorsements in 2005 in order to stay neutral in that year’s mayoral race in Toledo. However, after last year’s mayoral election—in which the Democratic vote was split between two candidates yielding no Democrat on the general election ballot—the party decided to issue endorsements for local races.

In the primary for Lucas County Common Pleas judge, the Democratic Party endorsed Ian B. English, who is currently serving as an assistant prosecutor for Lucas County. Also running for the seat are Lucas County Juvenile Magistrate Laura Restivo and Toledo attorney Richard L. Roberts. The seat is being vacated by Judge Frederick H. McDonald, who is 70 years old and is prevented by age restrictions from seeking an additional term.

The winner of the primary election will face Republican Mark Davis, a Toledo attorney, who is running unopposed for the GOP’s nomination. Davis recently ran unsuccessfully for a seat on the Toledo Municipal Court in 2011.

The party also endorsed Jay Feldstein for judge of the Lucas County Domestic Relations Division. Feldstein is currently a practicing attorney in Toledo.

Appointed judges draw challengers in Georgia

Georgia: Georgia, as in most states, uses a method of judicial appointment when a judge retires or resigns between election years. This election cycle, several challengers have stepped into the judicial races, stating that the appointed judges do not represent their communities. Fulton Superior Court Judge Thomas R Campbell, Jr. is one such appointee who has drawn a challenge from Thomas A. Cox, Jr., a local litigator.

Cox said he entered the race because there is need for greater diversity on the bench in Fulton County. He stated that it is "not surprising" some perceive "fairness or equal treatment" are undermined, because such a large proportion of superior court judges are appointed in Georgia. He cited concerns that the community has not played a role in selecting the judges, and said that this has caused some to question the fairness of the process.

Campbell was appointed in 2004 by Governor Sonny Perdue. He has not drawn a challenger until now. Previously, Campbell served in the Georgia House of Representatives. He said that his career goal since law school was to become a superior court judge.

Both candidates are experienced campaigners. Cox bid unsuccessfully for a seat on Atlanta's city council in 1997. According to the first financial disclosures, Campbell has a little over $60,000 to spend in his campaign coffers, a gargantuan war chest for a local judicial election in Georgia.

See also

• Judgepedia's Election Central
• 2014 judicial election dates