JP Election Brief: The Supreme Court Special

October 18, 2012

by: the State Court Staff

Supreme Court races: Who cares?

Every Thursday, Judgepedia's State Court Staff examines events in the world of judicial elections across the nation. This week, we're excited to introduce a special article featuring the state Supreme Court races. The JP staff has compiled a list of the reasons that each of these races are significant to voters. Additionally, we asked the candidates to share their own opinions on why their race is important. Let's see what they said...

Note: "(I)" next to a candidate's name indicates incumbency.

Alabama

	Candidates
Roy Moore	vs.	Robert S. Vance

Why this race is important The “Ten Commandments” judge is hoping to return to the Alabama Supreme Court. Roy Moore was removed from office in 2003 for refusing to follow a federal court order to remove a monument of the Ten Commandments from the courthouse lawn. This year, he faces Judge Robert S. Vance in one of the nation’s costliest judicial campaigns.

Illinois

	Candidates
James G. Riley	vs.	Mary Jane Theis (I)

Why this race is important The Illinois Supreme Court is currently split 4-3 in favor of Democrats. If incumbent Justice Mary Jane Theis, a Democrat, loses to Republican challenger and Circuit Judge James G. Riley, the political balance of the court would flip. Justice Theis, who was appointed to the court in 2010, is favored to win.

Kentucky

	Candidates
Janet Stumbo	vs.	Will T. Scott (I)

Why this race is important Incumbent Justice Will T. Scott and former Supreme Court Justice Janet Stumbo are competing against one another for the chance to represent the 7th Supreme Court District. Stumbo, who previously served on the court from 1993 to 2004, was defeated by Scott in 2004, and is now hoping to regain her seat. The 7th Supreme Court District encompasses Kentucky's Eastern coalfields, and in April 2012, it was announced that Stumbo had received the endorsement of the United Mine Workers of America, a powerful group in the region. Though the race, which is certainly the most-watched judicial race in the state this year, has the potential to be highly contentious as Stumbo and Scott have an electoral past with one another, both candidates have committed to keeping the race civil. Stumbo and Scott signed a pledge to conduct their campaigns in a manner befitting their judicial office in the first week of October. If Stumbo were to be elected, three of the seven members of Kentucky's highest could would be female. Though judicial elections in Kentucky are nonpartisan, Stumbo identifies as a Democrat, and Scott is a Republican.

Louisiana

	Candidates	(5th District, 1 seat)
Tim Kelley	Toni M. Higginbotham	William Morvant	John Guidry
Jefferson Hughes	Jewel "Duke" Welch	Mary Olive Pierson	Jeffry L. Sanford (Libertarian)
	Candidates	(6th District, 1 seat)
	John L. Weimer	unopposed

Why this race is important There is one contested race for the Louisiana Supreme Court this year. Eight candidates are competing to succeed Kitty Kimball in representing the Fifth District. Chief Justice Kimball is the fourth Democratic justice on the seven-member court. That means that if a Republican wins election, the balance of the court will shift conservative. If no candidate receives more than 50% of the vote, the top two candidates will compete in a runoff on December 8, 2012. Candidate's views “ I am a former enlisted Air Force veteran who fought to defend freedom. I am a family man of strong faith and values. I am a former prosecutor who fought to protect families and property. I am a proven conservative District and Court of Appeal Judge of 18 years who fights for what is right and fair. And, as a Louisiana Supreme Court Justice, I will protect the integrity of the constitutions of our state and nation. -Jewel "Duke" Welch ” “ My experience as the most Senior Appellate Court Judge in this race is important because experience matters on the highest court in the state. -John Guidry ”

Michigan

Candidates: Full term	(2 seats)
Colleen O'Brien	Doug Dern
Stephen Markman (I)	Connie Marie Kelley
Jane Markey	Bridget Mary McCormack
Bob Roddis
Candidates: Partial term	(1 seat)
Brian Zahra (I)	Mindy Barry
Shelia Johnson

Why this race is important Though the Michigan Supreme Court race is technically nonpartisan, it has been riddled with partisan conflict between the three Republican-endorsed candidates (Stephen Markman and Colleen O'Brien for the full term; Brian Zahra for the partial term) and three Democratic-endorsed candidates (Connie Marie Kelley and Bridget Mary McCormack for the full term; Shelia Johnson for the partial term). The loaded race includes a total of seven candidates running for two seats on the court, as well as three candidates running for another seat. Candidate's views “ The issues in this year's Michigan Supreme Court race are: (1) the need for a Supreme Court in Michigan committed to the equal rule-of-law, in which there are no thumbs on the scales of justice, no partisan decisionmaking, no politics in the courtroom, and no judicial constituencies, and in which all parties stand equally before the law; (2) the need for a Supreme Court in Michigan committed to the 'rule of law' and not to the 'rule of judges,' in which judges respect our constitution's "judicial power" by saying only what the law "is" and not he or she personally believes the law "ought" to be. The latter authority belongs to the people's representatives in the legislative branch; and (3) the need for a Supreme Court in Michigan committed to the proposition that maintainance of a strong and effective criminal justice system constitutes the first responsibility of the state judiciary. It is the first civil right of the people to be free from violent criminal predators, and without that civil right being upheld, no society can prosper. -Stephen Markman ” “ The Michigan Supreme Court's work impacts all Michigan families and businesses, and it does so in critical ways. The ability of its justices to remain above politics and apply the rule of law impartially is supposed to separate the judiciary from the other branches of our government. I'm running for the Michigan Supreme Court to restore Michigan citizens' confidence in the Court's integrity, to ensure the Court gives everyone a fair shake, and to promote civility and reduce partisanship in our judiciary. -Bridget McCormack ”

Minnesota

	Candidates
	Chief Justice
Lorie Gildea (I)	vs.	Dan Griffith
	Place 1
Barry Anderson (I)	vs.	Dean Barkley
	Place 4
Tim Tingelstad	vs.	David Stras (I)

Why this race is important This year, there are three Minnesota Supreme Court seats up for election: Place 1, Place 4, and the Chief Justice seat. Only 2 of the 3 Supreme Court races were considered in the primary, the Chief Justice and Place 4 seats. In those races, three candidates competed for each seat and the two candidates receiving the most votes proceeded to the general election. In both of the primary races, the incumbent was successful. In the race for the Chief Justice position, incumbent Justice Lorie Gildea and challenger Dan Griffith won the highest vote percentages and will compete against one another in the general election. In the race for Place 4, incumbent Justice David Stras and Tim Tingelstad will face one another in the general election. Both incumbents received higher vote percentages in the primaries than their closest competitor. In their respective races, Gildea received approximately 50% of the vote to Griffith's 29%, while Stras received approximately 49% of the votes to Tingelstad's 29%, making it very likely that both incumbents will be re-elected. Place 1 was not contested in the primary, but will see incumbent Barry Anderson compete against challenger Dean Barkley in the general election. Barkley previously served as a lobbyist and campaign manager for former governor Jesse Ventura and is a member of the Independence Party. In all likelihood, all incumbents will be re-elected to their seats, maintaining the current state of the Minnesota Supreme Court. Candidate's views “ I believe a Judge’s job is to listen to the facts, find the truth, and apply the law, not rewrite it. Government is either our master or our servant. Our right to vote reminds our leaders, including our judges, that they work for us. -Dan Griffith ” “ For fourteen years I have had the honor of serving you, first on the Minnesota Court of Appeals, and since 2004, on the Minnesota Supreme Court. I believe judges must perform their duties in a fair, impartial and nonpartisan manner, and must uphold the rule of law, recognizing the limited, but important, role the people have assigned to our courts. And my travels around our state, visiting with Minnesotans from all walks of life, have confirmed for me that these principles, foundational building blocks for our democracy, are widely shared. -Barry Anderson ”

Mississippi

	Candidates
	District 1, Position 1
Earle Banks	vs.	William Waller (I)
	District 2, Position 3
Talmadge Braddock	vs.	Mike Randolph (I)
	District 3, Position 3
Josiah Coleman	vs.	Richard T. Phillips

Why this race is important Mississippi's Supreme Court has nine justices. The 2012 election features 3 contested races. Two of these races pit an incumbent seeking to hold onto his seat against a fresh challenger. The other features two candidates vying for the seat of a retiring justice. The final race for the Mississippi Supreme Court is an unopposed incumbent. The nonpartisan race to fill retiring Justice George Carlson's seat on the Supreme Court is a battle between the young and the old. Richard "Flip" Phillips is a veteran Mississippi attorney, having practiced for over 40 years. His opponent, attorney Josiah Coleman, at 39 years old, would be the youngest justice to serve on the state's Supreme Court, if elected. Incidentally, as of August, Phillips had raised nearly $100,000 more than Coleman to fund his campaign. Candidate's views “ Judges should not act to make public policy as though they were members of the legislative branch of our government. Rather, they should work hard to understand and respect the law and apply it fairly to the facts of the cases before them. Judges should demand the same respect for the law from themselves as they expect from the attorneys and parties who appear before them. -Josiah Coleman ”

Montana

	Candidates
Laurie McKinnon	vs.	Ed Sheehy

Why this race is important In Montana, judges have been chosen in nonpartisan elections since 1935; state law makes it illegal for any political party to "endorse, contribute to, or make an expenditure to support or oppose a judicial candidate." However, a recent federal appeals court ruling could change all that. Last month, the U.S. Court of Appeals for the Ninth Circuit found that the prohibition of endorsements by political parties is unconstitutional and should be lifted immediately. Unless the state successfully appeals this ruling, it appears that Montana will have partisan judicial elections for the first time in 77 years. This could certainly change the outcome of the race between McKinnon and Sheehy, competing for a vacant seat on the Montana Supreme Court. Additionally, an appeal to the U.S. Supreme Court could have ramifications across all states that choose their judges via nonpartisan elections. For more information, see: JP Election Brief: Race mix-ups and a pledge of peace - Montana's nonpartisan elections struck down Candidate's views “ The race for the Montana Supreme Court is probably one of the most significant races Montana voters have to decide, however, unlike the other statewide races, it is difficult to get the general public interested in a judicial election even though the person elected will serve an eight-year term on a very important branch of our government. The Montana Supreme Court is the court of last resort for every person in Montana to have a chance to obtain justice. I am running for the Court because I believe in the law and that everyone has the right to justice and that justice, in the end, is what’s fair, what’s right, and what’s just. -Ed Sheehy ”

Nevada

	Candidates (unopposed)
Nancy Saitta (I)	Michael Douglas (I)	Michael Cherry (I)

Why this race is important All three of the Nevada Supreme Court justices who are running for re-election this year will be unopposed on November 6. According to a judicial performance survey conducted by the Las Vegas Review Journal in 2010, 73% of respondents recommended Justice Cherry for retention, while 72% recommended Justice Douglas for retention. In the same survey, only 50% of respondents recommended that Justice Saitta be retained, and 50% recommended she not be retained. In spite of those numbers, it is nearly a foregone conclusion that all three justices will be re-elected, continuing a stretch of continuity for a high court that has had the same personnel since its newest member was chosen in 2008.

New Mexico

	Candidates
Richard Bosson (I)		unopposed
Paul J. Kennedy (I)	vs.	Barbara J. Vigil

Why this race is important Two of the five New Mexico Supreme Court seats are up for election this year, but only one of the two races is contested. Richard Bosson is running unopposed to retain his seat on the court. He was first appointed in 2002, and first retained in 2004. Barbara J. Vigil is running for election to an open seat on the court created by the August retirement of justice Patricio Serna. She faces current and former Supreme Court justice Paul J. Kennedy, who was appointed to fill the seat between August and January by governor Susana Martinez. If Vigil is elected, it will increase the number of the women on the court to two; the other female justice is Petra Jimenez Maes. Her election would mean that the political balance of the court would stay intact, as Vigil and Serna both identify as Democrats. If Kennedy is elected to the position, he will be the first Republican justice elected to New Mexico's high court since 1980.

North Carolina

	Candidates
Paul Martin Newby (I)	vs.	Sam Ervin

Why this race is important This year's North Carolina Supreme Court election could shift the balance of the court. Though the state's judicial races are technically nonpartisan, the political parties have each made their positions clear. The Republican-backed incumbent, Justice Paul Martin Newby, is challenged by Democrat-endorsed Sam Ervin. Currently, the political balance favors conservatives 4-3. A number of laws passed by Republicans in the General Assembly are currently being challenged in lawsuits that could find their way to the high court--raising the stakes of this election even higher. For more information, see: JP Election Brief: Super PACs, primary results, and judicial selection - North Carolina Supreme Court race Candidate's views “ For the last eight years it has been my privilege to serve our State as a Justice on the Supreme Court. I have strived to fairly, impartially, and consistently apply the law in every case. I have a reputation of being a hard-working, honest, thoughtful Justice earning widespread bipartisan support, including endorsements from four former Chief Justices, two of each party, as well as from law enforcement, legal, and business groups. -Paul Martin Newby ”

Ohio

	Candidates
	Term commencing 1/1
Terrence O'Donnell (I)	vs.	Mike Skindell
	Term commencing 1/2
Robert Cupp (I)	vs.	William O'Neill
	Term commencing 1/3
Sharon L. Kennedy	vs.	Yvette McGee Brown (I)

Why this race is important With three contested races for the Ohio Supreme Court, a variety of outcomes is possible. The results won't shift the court's conservative composition, which is 6-1 Republican, but could serve as a bellwether for other Ohio races. Incumbent Justice Yvette McGee Brown is competing in her first race to the court, following appointment by outgoing Governor Ted Strickland in January 2011. If she wins election, Brown will be the first Democrat elected to the court since 2000. A willingness for Ohio voters to elect a Democrat to the high court may signify a shift of opinions in the perennially watched state. Likewise, Mike Skindell and William O'Neill are Democratic challengers to Justices Terrence O'Donnell and Robert Cupp, respectively. O'Neill's candidacy has focused on reforms in recusal and campaign donations, so his election may highlight voters' opinions about popular judicial elections. If elected, he would most likely become a distinctive voice for judiciary reforms and the administrative arm of the Supreme Court. Skindell stepped in as a candidate to replace Robert W. Price, who withdrew from the race after the primary election. Candidate's views “ It is important to maintain a legal environment in Ohio that is stable, predictable, consistent, and fair. And, one that respects the separation of powers and applies the constitution according to its text and administers equal justice to all persons. -Robert Cupp ”

Texas

Candidates:
Supreme Court
Place 2
Don Willett (I) vs. Robert Stuart Koelsch (Libertarian)
Place 4
John Devine vs. Tom Oxford (Libertarian) vs. Charles E. Waterbury (Green)
Place 6
Nathan Hecht (I) vs. Michele Petty vs. Mark Ash (Libertarian) vs. Jim Chisholm (Green)
Candidates:
Court of Criminal Appeals
Presiding Judge
Sharon Keller (I) vs. Keith Hampton vs. Lance Stott (Libertarian)
Place 7
Barbara Hervey (I) vs. Mark Bennett (Libertarian)
Place 8
Elsa Alcala (I) vs. William Bryan Strange (Libertarian)

Why this race is important Supreme Court Incumbent Justice Don Willett, a Republican, will defend his position against Libertarian candidate Robert Stuart Koelsch as they battle for Place 2 on the Texas Supreme Court. Another Republican on the court will be challenged this year as Justice Nathan Hecht, a 24 year veteran of Place 6, faces three opponents. With Place 4 vacant, three different parties will vie for the judgeship. Republican John Devine, Libertarian Tom Oxford, and Green party candidate Charles E. Waterbury will face off on November 6th. Court of Criminal Appeals Presiding judge Sharon Keller has served as the first woman on the Texas Court of Criminal Appeals since her 1994 election, but her recent years on the bench have been shadowed by controversy. She made headlines in 2007 when she denied a death row inmate’s last minute appeal, saying that the court had closed at 5 p.m. Also, in 2010, the Texas Ethics Commission fined Keller $100,000 for a failure to disclose sources of income on personal financial statements. Democratic candidate Keith Hampton hopes to use this negative publicity to win over moderate Republican voters in Texas, but it will not be easy, seeing that the last time a Democrat won a statewide election was in 1994. Lance Stott also joins the race on the Libertarian ticket, making it a three way race. For Places 7 and 8, the two incumbent republicans Barbara Hervey and Elsa Alcala will be challenged by Libertarians Mark Bennett and William Strange. Candidate's views “ The Republican party represents big business, the Democratic party big government. Both big business and big government are a threat to our liberty and our livelihood. I will represent the individual citizen. -Tom Oxford ” “ Judge Alcala is the incumbent on the Court of Criminal Appeals, Texas’ highest criminal court. She has fourteen years judicial experience and is specialized in criminal law and criminal appellate law by the Texas Board of Legal Specialization. These qualifications are essential for this court with final state jurisdiction over criminal appeals and writs of habeas corpus. -Elsa Alcala ” “ This race is important to preserve experience and leadership on the Supreme Court of Texas. For 23 years, I have followed the law fairly and consistently and helped develop rules of practice and administration to reduce the expense and delay of going to court. I have also worked to obtain critical funding for legal services, trying to assure that Texas’ poorest citizens have access to the justice system. If elected, I will continue to work for more efficient courts and better access to justice. -Nathan Hecht ”

Washington

	Candidates
Richard Sanders	vs.	Sheryl McCloud

Why this race is important Former Justice Richard Sanders, a fifteen-year veteran of the Washington Supreme Court who gained publicity after shouting "Tyrant. You are a tyrant," at U.S. Attorney General Michael Mukasey as Mukasey gave a speech in 2008, is attempting to reclaim a seat on the high court. Sanders lost his bid for re-election in 2010 by the narrowest of margins. In the general election, he will face Sheryl McCloud, newly endorsed by Washington Governor Chris Gregoire and the Seattle Times.

West Virginia

		Candidates (2 seats)
Allen Loughry	John Yoder	vs.	Letitia Chafin	Robin Jean Davis (I)

Why this race is important Two positions are up for election on the Supreme Court of Appeals of West Virginia, both of which are currently held by Democrats. Republicans Allen Loughry and John Yoder will take on Democrats Letitia Chafin and Robin Jean Davis in the general election. The outcomes of these races could cause a significant shift in the political balance on the high court, which currently has four Democratic members to only one Republican. Candidate's views “ During my year of service as State Bar President, I traveled to all 55 county courthouses and met with judges, prosecutors, magistrates and local attorneys to address the issues facing our state’s legal system first-hand. West Virginians want a court system that is balanced and transparent. I introduced my Balanced Court Initiative and Transparent Court Initiative to create a level playing field in West Virginia courtrooms. -Letitia "Tish" Chafin ” “ The significance of this year's Supreme Court election in West Virginia cannot be underestimated as the Court consists of five Justices, each elected for separate twelve-year terms. During this election two of those Justice seats are on the ballot and will be chosen by the voters. Said another way, West Virginia will choose nearly forty percent of its Supreme Court for the next twelve years and making the wrong choices can result in a seismic shift on the Court for generations of West Virginians. -Allen Loughry ”

Retentions to watch

Florida

	Candidates (retention)
Fred Lewis	Barbara Pariente	Peggy Quince

Why this race is important Though no justice has ever lost a retention battle in Florida, this year, conservatives are hoping to make history. A Republican “super PAC” and the group, Restore Justice 2012, are leading an effort to oust Supreme Court Justices Barbara Pariente, Fred Lewis and Peggy Quince for various rulings in support of Obamacare, the death penalty, and other controversial topics. For the full story, check out: Florida retention election opposition heats up, October 12, 2012

Iowa

	Candidates	(retention)
Bruce B. Zager	Thomas Waterman	Edward Mansfield	David Wiggins

Why this race is important There are seven justices on the Iowa Supreme Court. In 2012, four justices are standing for retention, all except Wiggins were appointed by Gov. Terry Branstad. Wiggins was appointed by Gov. Tom Vilsack. This retention election may show a shift in public sentiment, if votes follow polling. A recent survey found 600 registered Iowa voters were in favor of retaining the justices standing for retention. However, just two years ago, three justices became the first to ever be defeated for retention in the state's history after a controversial gay marriage decision. Voters may show a change in views, and support, come election day when casting ballots for the Iowa Supreme Court.

See also

• Judgepedia's Election Central