JP Election Brief: Results from Texas and Georgia (and more!)

August 2, 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

• August 6: Filing deadline in Colorado

Primary elections

• August 7: Primary election in Kansas
• August 7: Primary election in Michigan
• August 7: Primary election in Missouri
• August 7: Primary election in Washington

In the News

Hillsborough County campaign turns bitter as early voting for Florida's primary election begins

Early voting has officially begun for the Florida primary election and will run through Aug. 11. The date of the primary is Aug. 14. Numerous judicial races will be decided.

Most of these races are fairly calm, due to strict rules for judicial campaigning in order to maintain confidence in the justice system. However, in Hillsborough County, at least one race has become a bit more contentious.

Incumbent county judge Joelle Ann Ober is fighting attorney John A. Grant, III for her seat. In a recent campaign mailing she made a number of accusations against Grant. She says he made an obscene phone call to a woman when he was 19, has been arrested for DUI three times, lied on an election document, performed poorly in law school and has even hit a police officer.

Grant did not deny most of the claims, but explained in an emotional online video that he has since turned his life around. He did deny the claim that he lied on an election form, explaining that when he checked "no" on a form asking if he had ever refused an alcohol or drug test, it was merely an oversight. He stated, "I don't want the mailer and my reaction to it to become a feature of this election…I'll accept the results of the people. I will lose this race and still have my integrity before I win without it."

Canon 7 of the Code of Judicial Conduct determines what judicial candidates can say about their opponents. A committee in 2004 expanded on this section, stating, "A candidate may criticize an opponent only if it is fair and truthful; is pertinent and material to the judicial office; is based on factual, not personal, grounds; is not about a pending case; and does not bring the candidate's impartiality or that of the judiciary into question."

Judge Ober holds that everything she shared was truthful and relevant. "These things are seriously important character flaws," she stated.

Texas primary runoff sees upset of Supreme Court justice

The primary runoff elections in Texas played host to many judicial races, but the most high profile were the Court of Appeals races for the Fifth District Court of Appeals, place 2; the Eighth District Court of Appeals, place 2; and the Supreme Court, place 4 race.

In the Fifth District Court of Appeals, place 2, Bill Whitehill was defeated by David Evans. The totals were close, with Evans receiving 51.4% of the vote to Whitehill's 48.6%. Evans will now run unopposed in the general election, virtually ensuring his win.

In the Eighth District Court of Appeals, place 2 race, Yvonne Rodriguez defeated Marcos Lizarraga by a comfortable margin: 56.9% to 43.1%. However, this was just the race for the Democratic slot on the ticket, and Rodriguez will now face Republican incumbent Christopher Antcliff in the general election.

The most surprising results came in the hotly contested race between [[Texas Supreme Court|Supreme Court] Justice David Medina and challenger John Devine. Though Devine did not receive as many votes as Medina in the primary, because no one received over 50% of the vote a runoff was required. Despite high profile endorsements and benefit of incumbency, Devine defeated Medina, receiving 53.3% of the vote to Medina's 46.7%. Though Devine will face challengers in the November 6th general election, Libertarian Tom Oxford and Green Party candidate Charles E. Waterbury, he is expected to easily win election.

Georgia judicial elections nearly complete

This year, judges in Georgia will not compete in the November 6 general election. Instead, final judicial elections took place on July 31, during the general primary for other elected positions in the state. Judicial races that were not decided in the July 31st election will go to a runoff election on August 21st. The races for Superior Court judgeships saw the most contention.

Two races were closely decided:

In the race for a seat on the Coweta Judicial Circuit, Emory Palmer narrowly defeated Kevin McMurry. Palmer received just 50.77% of the vote, while McMurry received 49.11%; roughly .12% of votes cast were write-ins.

In one of the races in the Cobb Judicial Circuit Greg Poole closely avoided the need for a primary runoff by achieving 51.28% of the vote. Poole had faced two other challengers, Van Pearlberg and Roland R. Castellanos, in the race to fill the upcoming vacancy created by the retirement of Dorothy A. Robinson.

One is too close to call:

The race between incumbent Jon F. Helton and challenger Harold D. McLendon for a seat on the Dublin Judicial Circuit will be the most closely decided race, but it cannot yet be called. Currently, Helton is reported to have 50.14% of the votes, while McLendon has 49.82%. Only 53 votes separate the two.

One is headed to a runoff:

One race is headed to a runoff. The race for the vacancy created by the retirement of K. Dawson Jackson on the Gwinnett Judicial Circuit had five candidates, making it very difficult for one person to achieve the necessary vote percentage (50% +1 vote). The top two vote earners in the race, Kathy Schrader with 43.54% and Tracey Mason Blasi with 20.39%, will now compete in the August 21 runoff.

Washington won't mail Voters' Guide before primary

It appears that voters aren't the only ones tightening their belts these days.

In the wake of cutbacks by the state legislature, the Washington Secretary of State's Office will not print and mail a Voters' Guide to the state's voters ahead of the primary election on August 7. A spokesman from the office has estimated that printing the guide for the primary would have cost about $1 million, an expense that the state is currently unable to bear. Many counties are still planning to publish election information, and they are free to include information on the state and federal primary election if they choose.

Washington voters can find full ballot information for the primary on the website of Washington Secretary of State Sam Reed or at Voting for Judges.org, a nonpartisan site dedicated to educating Washington's voters about judicial elections. Primary information for Superior Court races can be found on Judgepedia at Washington judicial elections, 2012 - Superior Courts.

The state is still planning to distribute a Voters' Guide for the general election in November. Analysis of any potential negative effects of eliminating these primary mailings has not been conducted.

See also

• Judgepedia's Election Central