JP Election Brief: Race mix-ups and a pledge of peace

October 11, 2012

by: the State Court Staff

Every Thursday, Judgepedia's State Court Staff examines 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.

A pledge of peace in Kentucky

Kentucky: Current Kentucky Supreme Court justice Will T. Scott and Supreme Court candidate, and former justice, Janet Stumbo have signed a pledge to conduct their campaigns in a respectable fashion. Stumbo and Scott are competing against one another in the only open Supreme Court race this election cycle. Scott first joined the court in 2004 after defeating Stumbo in the election. Stumbo had served on the court from 1993 until her defeat; she currently serves on the Kentucky Court of Appeals for the 7th Appellate District.

The Kentucky Judicial Campaign Committee designed the agreement. By signing the pledge, Stumbo and Scott have agreed not to use untruthful or slanderous ads and to act in a manner befitting the judiciary. The committee said in a statement that the agreement requires the candidates, "to disavow false or misleading advertising and other campaign tactics that ‘impugn the integrity of the judicial system, the integrity of a candidate, or erode public trust and confidence in the independence and impartiality of the judiciary.’” The signing of this pledge is significant, given the history of the judicial candidates, and the contentious nature of election rematches.

Other judges and judge hopefuls in the state have also signed onto the pledge and the committee urges all judicial candidates to do so. The other candidates that have committed to the agreement are: Jim Shake and Irv Maze, competing for a Kentucky Court of Appeals seat, and circuit court candidates Judy D. Vance, Angela McCormick Bisig, and Eric Ison. If voters believe the pledge has been violated, complaints can be sent to Committee Chair William Fortune at fortunew@uky.edu; anonymous complaints are less likely to be acted upon.

In the News

Montana's nonpartisan elections struck down

Montana: Montana's nonpartisan system of elections, which has been in place since the 1930s, was declared unconstitutional last month by a panel of judges from the U.S. Court of Appeals for the 9th Circuit. The ruling removed the state's ban on political endorsements for judicial candidates, citing the U.S. Supreme Court's Citizens United decision. U.S. District Judge Jed Rakoff, of the Southern District of New York, explained that, in light of Citizens United, the political speech of corporations could not be limited any more than that of individuals. He wrote,

“

"The voters of Montana are thus deprived of the full and robust exchange of views to which, under our Constitution, they are entitled."

”

Prior to the ruling, Montana law did not allow political parties to "endorse, contribute to, or make an expenditure to support or oppose a judicial candidate." An appeal is still possible, though political parties are now free to endorse judicial candidates for the upcoming election.

Judge Rakoff and Judge Ronald Gould made up the majority opinion, while Judge Mary Schroeder dissented. In her dissent, Schroeder argued that,

“

"Political endorsements, much more than judges’ discussion of issues, lead to political indebtedness, which in turn has a corrosive impact on the public’s perception of the judicial system."

”

The case was: Sanders County Republican Central Committee v Bullock.

Earlier this year, the U.S. Supreme Court struck down Montana's limits on corporate political spending, extending Citizens United to the state level.

Candidates come and go in Arizona Superior Court race

Things are getting interesting in a hotly contested race for the Division 5 position on the Coconino County Superior Court in Arizona -- a race that wasn't supposed to be a race at all.

Originally, it appeared that Democrat Cathleen Nichols would run for the position unopposed, when it was found that her primary opponent, incumbent Judge Joseph Lodge, could not appear on the ballot. In a ruling upheld by the Arizona Supreme Court, Yavapai County Judge Michael Bluff held that the signatures nominating Lodge were invalid because he failed to indicate clearly which position he was running for. Following that ruling, two men, Libertarian Steve Hauser and Republican Gary Robbins, decided to run for the position as write-in candidates, in part because of the legal challenge made to Lodge's candidacy. As Hauser put it, "I'd originally gotten into the race as a matter of principle just because I didn't want to see this seat go uncontested."

Now, Hauser has withdrawn from the race, stating that he "no longer need[s] to be in the race because another candidate on the ballot is challenging . . . Nichols." That leaves Nichols and Robbins as the only two candidates in a contentious race for the judgeship. Robbins has accused Nichols of using "legal shenanigans" to have Lodge removed from the ballot, while Nichols has attacked Robbins' integrity and experience, stating, "There is no question that Gary is not qualified to do this job."

It seems that the race for the Division 5 judgeship is shaping up to be much more dramatic than anyone could have predicted.

An unusual race for circuit judge in Oregon's Lane County

This year's Lane County voters might be surprised to find no candidates listed on the general election ballot for Position Seven of the 2nd Judicial District. That, however, does not mean there will not be a candidate to vote for.

Jay McAlpin currently serves as judge on the 2nd District and is running for election, but he failed to file for the post and must run as a write-in candidate. He is not alone in his write-in campaign, Chris Bevans, Alan Leiman, and Vincent Mulier have also announced that they are running as write-ins.

“

Ultimately, it’s my fault for not looking earlier. I’ve been working hard as a judge, I enjoy the job and I think I do it well. I’m disappointed I let my inexperience as a politician put that in jeopardy. - Jay McAlpin commenting on missing the filing deadline

”

• Judge McAlpin was appointed to the 2nd District by Governor John Kitzhaber in May 2012 to succeed Mary Ann Bearden. He holds a J.D. from the Willamette University College of Law. After law school McAlpin clerked for Judge Maurice Merten, served as an Assistant District Attorney for Lane County, and worked with Zipse, Elkins & Mitchell.

“

Judge McAlpin missing the deadline is a plus for the voters of Lane County; they will now have the opportunity to research, get to know the candidates and become well informed before they write-in their vote. - Chris Bevans

”

• Chris Bevans is a partner in a general law practice. He holds a J.D. from Willamette Law School. Since graduating from law school he has worked as an attorney in family and general law in Eugene.

“

...Lane County deserves a judge that is impartial, thoughtful and thorough. - Alan Leiman

”

• Alan Leiman is a part-time assistant judge on the Eugene Municipal Court, as well as a business and civil litigation attorney. He holds a J.D. from the University of Miami Law School. After law school he worked four years as a public defender in Florida and later served as a city prosecutor in Eugene.

“

...progressive values should be represented in as many public offices as possible. - Vincent Mulier

”

• Vincent Mulier is a criminal defense attorney in Eugene/Springfield and a philosophy professor at Portland State University. He holds a J.D. from Willamette University. Mulier's law firm specializes in illegal searches and Miranda warning violations.

See also

• Judgepedia's Election Central