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JP Election Brief: Runoffs, retentions and a special election
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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July 24, 2014
| With two weeks to go before the state's retention elections, the drama in Tennessee isn't letting up. A Texas county will elect its first female judge this year, and the results of Georgia's runoff elections are in. Also, find out what special election will be included on North Carolina's November ballots, and meet candidates facing competitive races in Michigan and Missouri. | ||
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Georgia judicial elections wrap-up with runoff
Georgia's relatively early judicial elections concluded on July 22, 2014, following the state's runoffs. The runoff elections were held to decide races in which no candidate received over 50% of the votes in the election on May 20. This year, one incumbent, David Blevins, was ousted in the runoff.
Below are the results of all the judicial runoff races.[1]
| Court | Candidates | Runoff winner |
|---|---|---|
| Atlanta Circuit | Jane Barwick  vs. Shelitha Robertson | Barwick with 62.6% of the vote |
| Cobb Circuit | Ann Harris vs. Juanita Pierson Stedman | Harris with 61.7% of the vote |
| Conasauga Circuit | David Blevins (Incumbent) vs. Jim Wilbanks | Wilbanks with 60.0% of the vote |
| Tallapoosa Circuit | Meng H. Lim vs. Charles Morris | Lim with 61.7% of the vote |
Tennessee retention elections under scrutiny
Tennessee Republicans in the State House of Representatives attacked the state's judicial retention election process in an open letter released earlier this month. The letter, which was penned by House Majority Leader Gerald McCormick, R-Chattannooga, and signed by seven other Republican house members, took particular aim at the Judicial Performance Evaluation Commission (JPEC), the appointed body tasked with making recommendations as to whether incumbent judges may be allowed to stand for an unopposed retention election.[2]
The letter quoted a Wall Street Journal article accusing the election system of having "transferred power to state bar associations while shielding the selection process from public scrutiny." It also decried the system as "dominated by partisan politics where only a chosen few have any input into who rules the powerful judicial branch of Tennessee's government."[2]
House Republicans aren't the only ones critical of the JPEC, however. John Jay Hooker, an independent candidate for Governor, and three others filed a complaint with the Board of Judicial Conduct against three members of the commission. The complaint argued that the commission members were in violation of a court order by issuing recommendations and evaluations of appellate judges at all. The complaint follows an earlier, successful suit brought by Hooker against Lt. Governor Ron Ramsey and others that alleged the JPEC had been seated in violation of the statutory requirement that members be representative in proportion to the state's race and gender. The complaint noted that though Tennessee's population is 52 percent women, only two of the 9 members were women. The seven remaining members chosen were white men. Judge Hamilton V. Gayden ruled in January that JPEC's composition was invalid, and violated the state and federal constitution's equal protection and due process clauses.[3]
Gayden refused to enjoin the JPEC, however, and the commission continued to meet and issue determinations that allowed all 22 appellate judges to appear on the August 7 retention election ballots. That means the judges will face a yes/no vote rather than having to participate in a competitive election. Hooker's current complaint alleges that in approving those judges for retention elections, the commission violated judicial rules of conduct.[3]
In a editorial that appeared in The Tennessean, Jonathan Steen of the Tennessee Bar Association took issue with Hooker's complaint, as well as with other claims that questioned the legality of the August 7 elections. He noted that Hooker's earlier suit, which formed the basis for his current complaint, is currently under appeal, and will be decided by the appropriate courts. He stated, "While the appeal is pending, the judge in that case has ruled that the Judicial Performance Evaluation Commission's 'findings carry the full effect of the law for which the legislature intended.".[4] Therefore, Steen concluded, JPEC's recommendation to retain all 22 appellate judges did not violate the code of conduct.
The August 7 elections will give voters a chance to determine which judges, if any, should not return to the bench.
Special election for appellate judgeship scheduled
| 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. |
North Carolina voters will get an extra election on their November ballots following a recent retirement announcement by one of the state's top judges. John C. Martin, Chief Judge of the North Carolina Court of Appeals, will retire from the bench on August 1, 2014. Though Governor Pat McCrory may appoint a temporary replacement, the official judge for that role must be chosen by voters in the general election.
In this special election, since there is no primary to narrow down the number of candidates, the person who receives the most votes will win. Depending on how many candidates file to run for the seat, the new judge could win with a small percentage of the overall vote.
Three seats are already up for election on the state's court of appeals. Judge Mark Davis is seeking his first full term, facing opposition from Paul Holcombe. Lucy Inman and William Southern will compete to replace retiring Judge Robert C. Hunter. Lastly, Judge Donna Stroud is unopposed for re-election. The addition of the special election for Martin's seat means that approximately 27% of the seats on the North Carolina Court of Appeals are up for election in 2014.[5]
Michigan Circuit Court races in the primary election
The primary election in Michigan is coming up on August 5. Candidates only run in the primary if there are more than two people running for one seat. The two candidates who receive the most votes continue on to the general election. The Michigan Circuit Courts are the trial courts of general jurisdiction in the state; there are 57 circuits. In the primary election, there will be six races for circuit court positions.
In Washtenaw County, three candidates will compete for retiring Judge Donald Shelton's position on the 22nd Circuit Court. One of the candidates, Michael Woodyard, ran for a spot on the same court in 2012 and was defeated by Timothy Connors. Woodyard is an assistant prosecutor in Wayne County. Attorneys Veronique Liem and Pat Conlin are also running.
Judge Richard Pajtas is retiring from the 33rd Circuit Court, located in Charlevoix County, in January 2015. This opening attracted five hopeful candidates. The candidates are Valerie K. Snyder, Mary Beth Kur, Tom Schraw, Roy C. Hayes III, and Edward F. Engstrom. A candidate forum took place on July 21 where four of the candidates were present to answer questions. About 70 people attended the forum. Another will be held on Tuesday, July 29.[6]
Gerald Lostracco, the judge of the 35th Circuit Court in Shiawassee County, is also retiring at the end of his current term. Deana M. Finnegan, George Stevenson, and Matt Stewart will face each other for the judgeship in the primary. This will be the first time the county has seen a new face on the circuit court bench since 1985. With retirement, Lostracco says he will have more time to play the accordion.[7]
Eusebio Solis, Jr., James L. Dyer, and Sarah Lincoln are candidates for an open seat on the 37th Circuit Court in Calhoun County. James Kingsley, who is the chief judge of the court, is retiring from the bench.[8]
There is another crowded race for the 51st Circuit Court, which covers the counties of Lake and Mason. They are looking to replace another long-time judge, Richard I. Cooper, who has been on the bench since 1979. The Mason County Press has published interviews with each of the four candidates.
Finally, in Huron County, there will be a battle in the primary election for retiring Judge M. Richard Knoblock's position on the 52nd Circuit Court. The three candidates in this race are Jill L. Schmidt, Timothy J. Rutkowski, and Gerald M. Prill.
Candidates for competitive associate circuit seat interviewed
Missouri is offering a competitive race for the seat of retiring Associate Circuit Judge Larry Bryson. The race, featuring three Democrats and two Republicans, is for Division 5 of the 13th Circuit Court, a Boone County seat.[9]
The Democrats are Rob Fleming, Finley Gibbs and Kim Shaw. The Republicans are Doug Shull and Michael R. Whitworth. All except Shull interviewed with the Columbia Missourian.[9]
Fleming has been with the Missouri State Public Defender System for over two decades. In addition to his work, he is active with the Missouri 4-H program and Relay for Life. In his interview, he said his work as a prosecutor sets him apart from his opponents.[9]
Gibbs has been a partner with Rotts & Gibbs since 2000. He told the Missourian that the mix of civil and criminal work over his career is a good fit for the blend he would come across as a Division 5 judge. Elsewhere, he has said that he will act like Atticus Finch, the lawyer protagonist in To Kill a Mockingbird.[9][10]
Shaw has been an assistant public defender in the 13th Judicial Circuit since 2009, and has worked in other positions as an attorney for over 20 years. She has specialized in death penalty jury trials and family and criminal law. Shaw previously faced off and lost against Bryson for his seat in the 2010 Democratic primary. In her pitch, she said that her experience in the region and in Bryson's court in particular make her a good fit for the seat.[9]
Whitworth is an attorney at Ford, Parshall, & Baker in Columbia. He told the Missourian he is qualified because of his experience with both plaintiffs and defendants, as well as his ability to be impartial and respectful. He also mentioned his experience with both civil and criminal cases.[9]
Shull runs a private practice in Columbia called the Law Office of C. Douglas Shull.[9]
Bryson is retiring because of the state's mandatory retirement age of 70; he will be 67 in August, making him ineligible for a four-year term.[9]
Texas county gets its first female judge
Texas: One rural Texas region checks off another milestone as it celebrates the election of its first female county judge.
The judicial primaries on March 4 yielded a win for Republican Mary S. Cunningham, who will run unopposed in the general election for the Llano County Court this November. Cunningham moved to Llano from Houston years ago to work as a court-appointed attorney for the 434rd and 33rd judicial districts.[11]
According to Cunningham, the City of Llano—whose motto is "The Way Texas Used to Be"—is more forward-thinking than one might expect for a municipality of its size.[11]
| “ | I had always had this false perception that small towns were kinda closed. We moved up here (from Houston), and I didn’t find that at all. If you show them you can make good decisions, you’re interested in doing a good job and you’re going to look after their money, they’re pretty much happy.[12] | ” |
| —Mary S. Cunningham[11] | ||
This "openness" also extends to the nearby county of Burnet, whose political leaders have included not only female county judges (like Donna S. Klaeger) but a female mayor (Nona Fox) as well. Fox commented to Daily Trib, "I think we have great female leaders. I think attitude has a lot to do with it—attitude and desire."[11]
Female leadership in Llano and Burnet Counties is a legacy traceable even though the early 1900s, before women were granted voting rights in 1920. Public officials like Ophelia "Birdie" Crosby Harwood (elected chief magistrate of Marble Falls in 1917 and appointed municipal judge in 1935) paved the way early on for women to occupy positions of influence.[11]
See also
Footnotes
- ↑ Georgia Election Results, "General Primary Runoff and General Nonpartisan Election Runoff," July 22, 2014
- ↑ 2.0 2.1 The Tennessean, "House Republicans blast judicial elections," July 11, 2014
- ↑ 3.0 3.1 The Tennessean, "Are August 7 judicial elections legal?" July 19, 2014
- ↑ The Tennessean, "Aug. 7 judicial elections are legal," July 21, 2014
- ↑ The Voter Update, "A special court election added to the mix this fall," July 15, 2014
- ↑ Petoskey News, "Judge candidates take center stage," July 22, 2014
- ↑ The Washington Times, "County’s lone trial judge retiring this year," February 16, 2014
- ↑ Battle Creek Enquirer, "Forum set for circuit judge candidates," July 19, 2014
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Missourian, "Five judicial candidates vie for Division V seat on circuit court," July 19, 2014
- ↑ Columbia Daily Tribune, "Associate circuit judge," July 21, 2014
- ↑ 11.0 11.1 11.2 11.3 11.4 Daily Trib, "Leading ladies blaze trails in Burnet, Llano counties," July 22, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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