JP Election Brief: Ready for the next round of primaries

July 26, 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.

Important dates

Filing deadline

• July 30: Filing deadline in Arizona

Primary elections

• July 31: Primary/general election in Georgia
• July 31: Primary runoff in Texas

In the News

Pressure builds in Texas Supreme Court race before primary runoff

The Texas primary runoff elections are to be held July 31st. The Republican race for Texas Supreme Court, Place 4 between incumbent David Medina and challenger John Devine is still going strong. The winner will secure the Republican nomination and move on to face Libertarian and Green party candidates Tom Oxford and Charles E. Waterbury.

This has been a high profile race throughout the election season, and has previously been covered in the Election Brief two times; that coverage can be read here and here. Short on time, supporters are hoping to reiterate their support for their chosen candidate, while also reminding other Republican voters of the opponent's flaws.

David Medina arguably has an edge in endorsements with the support of the Republican Party, Texas Attorney General Gregg Abbott, Right to Life, and Alliance for Life. Medina was appointed by current governor Rick Perry and presumably still has his support. However even with these powerful endorsements the primary race was still close, with Medina only besting John Devine by 3.6%, and the runoff may be a close race as well.

While Medina and his supporters have focused on experience and endorsements, John Devine has focused his criticisms of Medina on ethics. Devine has often mentioned Justice Medina and his wife's indictment in a 2008 fire that caused $1 million in damages to their home. Though these charges were subsequently dropped, Devine has continued to bring them up during the campaign.

King County candidates rated

In Washington, the King County Bar Association (KCBA) has published ratings of all the candidates competing in the county’s upcoming judicial election. However, those ratings—and the confidential process that produces them—may be raising as many questions as they answer.

In one race for a position on the King County Superior Court, deputy prosecutor Sean O’Donnell is running against Hong Tran, an immigrant from Vietnam who has represented indigent clients for 17 years and who works for the Defenders Association. The KCBA initially gave Tran a rating of "not qualified," while finding O'Donnell "well qualified." However, following written objection by two state appellate court judges, Tran's rating has been changed to "Previous rating suspended pending reconsideration." Tran, who was only asked three questions by the rating panel in her interview, is not yet aware of what this "reconsideration" will entail.

Washington's primary election is August 7. Check Washington judicial elections, 2012 for more information!

In another King County Superior Court race, Seattle lawyer and judicial candidate Elizabeth Berns has been rated "not qualified" by the KCBA, in spite of her endorsement by several judges, including two retired Washington Supreme Court justices. She has spent three years as a judge pro tempore in the King County District Court and has practiced law for 19 years. Berns reports that the committee was "hostile" and repeatedly cut her off, and that when she received her rating and asked for an explanation, the committee responded with an email that began, "Dear Ms. Allen." Former state Supreme Court Justice Faith Ireland has stated that she is "dumbfounded" as to how Berns was given a rating of "not qualified," and is "left with the impression that something is seriously broken in the KCBA judicial evaluation process."

Typically, judicial candidates are given one of four ratings by the KCBA: not qualified, qualified, well qualified, or exceptionally well qualified. These ratings are "designed to be given without regard to the credentials of a candidate's opponent," and are produced using a review of the candidate's background, reference statements, statements from opposing counsel, and an interview with the candidate. The process used to rate candidates is confidential, in an effort to "encourage forthrightness," and "candidates aren't told why they receive the rating they get." However, the fact that two well-respected female minority judicial candidates have now been declared "not qualified' may "rais[e] questions about the process by which the weighty evaluations are made."

Florida incumbents challenged

Two Broward County Court incumbents are preparing to face challengers in the upcoming primary election. Most incumbent judges in the state run unopposed, but judges Robert F. Diaz and Terri-Ann Miller are ready to face the competition.

Diaz, who has served since 1992, holds the Group 10 seat and will face Roshawn Banks and Randy Goodis, two experienced lawyers. Banks is a foreclosure and criminal defense lawyer and a former public defender. Goodis has also worked as a public defender, as well as a prosecutor. Regarding the race, Diaz stated, "We're in the people business…You never know what's going to happen, and you need to be fair-minded with everyone who comes before you."

Florida's primary election is August 14. Check Florida judicial elections, 2012 for information about the candidates!

Miller has served since 2007 and holds the Group 32 seat. Her competition is Melanie Golden, a civil litigator and former public defender. Miller seems ready for the challenge, stating, "Voters deserve a choice."

Also in Broward County, two upcoming retirements have sparked races with no incumbents:

Group 5: Robert Nichols vs. Olga M. Levine vs. Richard Adam Sachs

Group 6: Ilene Lieberman vs. Kathleen Mary McHugh

Three vie for seat on 45th Judicial Circuit

Missouri: Three candidates are competing for an opening on the 45th Judicial Circuit due to the upcoming retirement of Judge Dan Dildine. The 45th circuit has jurisdiction in Lincoln County and Pike County.

Missouri's primary election is August 7. Check Missouri judicial elections, 2012 for information about the candidates!

The candidates:

• T. Bennett Burkemper, Jr. is an associate judge for the 45th Circuit Court. He obtained a B.A. from St. Louis University and a J.D. from Gonzaga University.

• Gary Grunick is a public defender in Lincoln County. He holds a B.S. in business administration and a J.D. from the University of Missouri-Columbia.

• Christina C. Kunza Mennemeyer is an attorney in Troy, Missouri. She holds a B.S. in education and J.D. from the University of Missouri.

See also

• Judgepedia's Election Central