JP Election Brief: Tough primary competition sends some incumbents packing

The JP Election Brief
Pulling back the curtain on the drama of judicial elections
In this issue...
Election news from: California, New Mexico, Alabama,  Tennessee, Florida, Oregon,  Minnesota and Michigan

June 5, 2014

by: State Courts Staff

When it comes to elections, Tuesdays are often the days the magic happens. For candidates running for judicial office in some 17 states, it could all come down to three Tuesdays in June. On June 3, candidates around the country competed to secure spots in the general election, and even on the bench. That day included judicial primaries in Alabama, California, Montana, New Mexico and South Dakota. Round two is coming to states around the country on June 10. A razor thin victory in one California judge race has the candidates bracing for a recount. A nod from the governor doesn't always mean much to voters in New Mexico. Several recently appointed judges learned this the hard way in the June 3 primary. In Alabama, a couple upsets will send incumbents packing. Tennessee voters face some big choices when they head to the polls for both the primary and the general election. One Florida candidate has already won a seat on the court before a single vote has been cast. It's a long way to November for a few candidates in Oregon. If you ever dreamed of becoming a judge in Minnesota, you're too late for this election cycle. The filing deadline passed on June 3. Three incumbents in Michigan are busy buffing up their credentials as they prepare to battle opponents and continuing controversies.

Important dates: Primary elections: 6/10: Maine, Nevada, North Dakota, South Carolina Primary runoff election: 6/10: Arkansas Filing deadlines: 6/10: Connecticut 6/13: Vermont

Recount expected in LA County Superior Court race

California:

In an extremely narrow race, deputy district attorney Carol Najera edged out incumbent James B. Pierce by a fraction of a percent in Tuesday's primary for the Los Angeles County Superior Court.

When the polls closed on June 3, Najera had laid claim to 50.39% of the popular vote, compared to Pierce's 49.61%. It was a difference of 3,601 votes, but that's less than one percent of the total votes cast. Though some states default to an automatic recount in races this narrow, California election law does not provide for this. However, the political blog Los Angeles Dragnet says "[e]xpect a recount in this race" anyway.

Najera was not the only deputy district attorney to win a superior court judgeship in Los Angeles County this election season. Other DA’s who found favor in the primary included: Amy Carter (Office No. 22), Andrew Cooper (Office No. 157), Donna Hollingsworth Armstrong (Office No. 138) and Stacy Wiese (Office No. 107).

Appointed judges not always elected in New Mexico

New Mexico:

Voters went to the polls June 3 for New Mexico's primary election. There were partisan races on the ballot for the district courts, magistrate courts and probate courts. The primary included a few tight races, foreshadowing many more interesting contests to come in November’s general election. Below are the details on the contested primary races for district court seats.

In the First Judicial District Court, three candidates competed for the Division 6 judgeship. All were Democrats. Matthew Justin Wilson, who was appointed to the position by Governor Susana Martinez in October of 2013, was defeated after receiving 32.8% of the vote. The winner, David Thomson, had a brief stint on the court in 2010. He was appointed in March 2010, but lost the election later that year. This time he'll get to serve a full six-year term. He received 35.9% of the vote. Yvonne Kathleen Quintana came in third with 31.8%.

The Second Judicial District Court also had a competitive Democratic primary race. Vying for Division 14 were Marie Ward, Sandy Barnhart Chavez and Harold O. Atencio. Governor Susana Martinez appointed Ward to the position in March of this year, and she's on track to hold onto her judgeship. With 41.5% of the vote, she narrowly won the primary, beating Chavez who garnered 40.1% of the vote. Harold O. Atencio received 18.5%. Ward faces Republican candidate Samuel L. Winder in the general election.

In the Fourth Judicial District, incumbent Gerald Baca battled two opponents in the Democratic primary for the Division 14 seat. Baca, who was appointed just over a year ago, won fairly easily with 55.3% of the vote. Of the 8,628 votes cast in the race, he secured over a thousand more votes than Anna M. Aragon, who received 36.6%. Suzanne Gaulin walked away with 8.2%. Baca will run unopposed in November.

The Thirteenth Judicial District Court boasts the distinction of being the only district with a contested Republican primary. Republican candidate Allen R. Smith, who was appointed to the Division 3 seat on the court in April, beat his opponent, Paul E. Trujillo, 63.4% to 36.6%. On the Democratic side, Joshua J. Sanchez and Walter M. Hart faced off in hopes of moving on to the general. Sanchez came out on top with 63.4% of vote.

Two incumbents defeated in Alabama primaries

Alabama:

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.

A couple underdogs arose victorious following the Alabama primary, ousting their incumbent opponents. The election on June 3, 2014 was partisan, pitting candidates against members of their own party for a shot at the general elections. However, in many of the state's judicial races, only one party put up any candidates for office. In those cases, the winner of the party's primary will run unopposed in the general election. That's how Peggy P. Miller Lacher and Melody Walker secured their seats on the bench.

In the race for circuit judge of Circuit 7, which has jurisdiction over Calhoun and Cleburne counties, Judge Brenda S. Stedham faced Peggy P. Miller Lacher in a Republican primary. Lacher received 55.4% of the vote to Stedham's 44.6%. The challenger will be officially elected following the November 4 general election. She will take over for Judge Stedham, who was first elected in 2008, on January 19, 2015.

Also in Cleburne County, the district court race between Judge Warren "Glea" Sarrell and challenger Melody Walker resulted in an upset. Walker walked away from the Republican primary with 52.9% of the vote to Sarrell's 47.1%. She will be unopposed in November.

Justices and judicial reform on the ballot in Tennessee

Tennessee:

Tennessee Supreme Court justices Cornelia Clark, Sharon Lee and Gary R. Wade have raised $600,000 in their fight to remain on the Tennessee’s high court for eight more years. The three justices are up for a yes/no retention vote in August 2014. Their coordinated effort, called Keep Tennessee Courts Fair, is an attempt to rebuff a challenge from Tennessee State Senate Speaker Ron Ramsey, who is campaigning to unseat them. Ramsey, a Republican, has met with various interest groups to try and raise money to use to convince voters in the state that the three justices, all of whom are Democrats, should be rejected. Their replacements would then be appointed by current Republican Governor Bill Haslam.

The Tennessee Supreme Court will select the state’s next attorney general, and the replacement of a single justice would change the balance of power on the court. Ramsey has made it clear that shifting that balance is his intent. He noted in a recent speech at the annual state Republican fundraiser in Nashville: “Folks, it’s time that we had a Republican attorney general in the state of Tennessee.”

Governor Haslam, however, has said that he is "concerned" about Ramsey's activities and will not get involved in his campaign. Haslam feels Ramsey’s campaign could affect a separate ballot issue he supports: the proposed constitutional amendment that would change the way judicial selections are made. "The whole issue of how we select judges is fairly confusing to anybody, anyway," he said. Haslam expressed concern that Ramsey's attempt to oust the current justices could confuse voters regarding Amendment 2, a measure regarding judicial selection that will appear on the ballot in November.

The amendment would uphold the governor's authority to appoint supreme court and appellate court judges, as well as maintain the retention election system currently in place. However, it would also grant the Tennessee State Legislature the power to reject gubernatorial appointees.

For more information on Amendment 2, visit Ballotpedia.

One judicial candidate secures pre-election win

Florida:

Sandy Upchurch has been guaranteed a victory with the announced retirement of judge Terrill J. LaRue of the Seventh Judicial Circuit. Upchurch, a mediator and local attorney from Daytona Beach, is running unopposed. Though incumbents frequently run unopposed, it is less likely to happen when there's an open seat in a jurisdiction with a large population. Though she has no competitors, her name will still be required to appear on the August ballot. Upchurch is the only non-incumbent candidate, in Florida, to be running unopposed. LaRue announced his retirement and declined to run for an additional term. Upchurch will begin serving on the court in January of 2015.

Elsewhere in Florida, 12 candidates are competing for five open seats in Hillsborough County. The Brandon Bar Association recently held a "meet the candidates night" for voters to learn more about those running, but the only people who showed up were attorneys and law students. Adam Bantner, a local attorney said because judges must remain neutral when talking about their experience and skills that "it's all cut and dry and boring and nobody cares about" judge candidates.

Bantner says this kind of thinking is a mistake because judges have a lot power to affect the average citizen. He notes "most people don't realize how important judicial elections are", but says judges make decisions that affect all citizens and help people resolve controversies.

The president of the bar association, Brent Rose, offered some tips for people who'd like to learn more about judicial candidates on the ballot. He recommends voters look at candidate websites, articles in local newspapers and attend events like the one put on by the bar association. Although many people find it hard to decide who to vote for in judicial races, Rose claims getting as much as information as possible will help people know how they want to vote.

Of course, another great resource for learning more about the local judicial candidates is Judgepedia's Election Central!

Few Oregon candidates still on campaign trail

Oregon: Oregon's primary on May 20 left only two races to be decided in the November general election. In the 1st Judicial District, David Hoppe takes on incumbent J. Adam Peterson. In the 19th Judicial District, Cathleen B. Callahan will challenge incumbent Jean Marie Martwick. Since candidates who receive over 50% of the primary vote in Oregon are automatically elected to the bench, the vast majority of races were decided during the May primary.

David Hoppe is a deputy district attorney in Jackson County, a position he's held since 2000. Hoppe claims his experience prosecuting child abuse, adult sexual assault and other crimes makes him a qualified candidate for Peterson's position. Hoppe also worked on divorce cases and child-custody disputes, for five years, in Klamath Falls. Incumbent J. Adam Peterson was appointed to the bench in September 2013 by Governor John Kitzhaber. Peterson's work experience includes serving as a deputy district attorney in Jackson County, a special assistant U.S. attorney for the district of Oregon and as a law clerk for the federal district court in Nebraska.

Judge Jean Marie Martwick was appointed to the bench in September 2013 by Governor Kitzhaber. In the South County Spotlight she expressed her hope that voters will examine each candidate carefully and emphasized that the job of a judge is about community service. Challenger Cathleen B. Callahan praised Martwick, but cited her own 20 years of involvement with community organizations as proof she’s qualified for the position.

As we head toward the general election in November, keep an eye on these two contested races on Judgepedia.

No more candidates allowed for Minnesota judge races

Minnesota: Tuesday, June 3, was the filing deadline for judicial candidates in Minnesota. Candidates for both judicial offices and political offices were required to file by 5 p.m. Hundreds of candidates filed ahead of the deadline.

Minnesota judicial elections are nonpartisan. Candidates compete in a primary, if necessary, with the top two candidates advancing to the general election. Most races will not require a primary, so those candidates will only participate in the general election.

See the page Minnesota judicial elections, 2014 for a complete list of candidates soon!

Only voters can decide if incumbents stay or go

Michigan: In Michigan this year, 240 seats on the state's courts are up for election. In most cases, the incumbent will be re-elected. However, 16 judges currently serving on the bench will face opponents.

Kimberly Small, a judge serving on the 48th District Court in Bloomfield Hills is catching heat for handing out lengthy sentences to first-time offenders charged with drunk driving. A survey by the Detroit Free Press compared sentences nationwide and found Small's sentences in cases like these were longer than those given out by any other judge in the country. Small defended her decisions on the bench and noted in a written response to the Detroit Free Press", "My focus is on protecting our families."

Small will face an election challenge by Kevin Kevelighan this year. He claims he'll try to strike a better balance when handing out sentences, "reserving extreme sentences for extreme offenses." Kevelighan has been an attorney since 2000.

Two opponents have signed on to challenge Judge Brian MacKenzie for his seat on the 52nd District Court. This election marks the first time MacKenzie has faced an election challenge since 1988. However, he's come under fire recently for a wide array of allegations of impropriety. In December, prosecutors in Oakland County accused MacKenzie of "running a rogue court, hiding files and improperly dismissing domestic violence cases." He was sanctioned, and a circuit court judge is now supervising his handling of domestic violence cases.

In March 2014, the FBI was said to be reviewing a secret recording made by a defense attorney. In it, MacKenzie allegedly told a defendant he could get a lighter sentence if he agreed not to pursue a police brutality case.

In a written response to questions from the Detroit Free Press, MacKenzie highlighted his efforts to create drug and alcohol treatment courts and a court for veterans. He explained, "I have a balanced temperament and more than two decades of experience."

Travis Reeds, a private practice attorney, once worked for MacKenzie as a law clerk. He said he made the decision to run because "he believes he will be a good judge." He said he doesn't think his former boss is upset that he decided to run against him. However, candidate Scott Powers was more critical of MacKenzie and said he thinks it's time for a change. Powers' father, Dennis Powers is also a judge on the 52nd District Court. Powers has his own law practice.

Judge James Kandrevas is up for re-election to keep his seat on the 28th District Court in Southgate. He faces two opponents in the primary election. John Graziani and Bill Colovos, both members of the Southgate City Council are running against Kandrevas. Both candidates agreed that the court needs a fresh start. Two employees sued Kandrevas and the court back in 2010. One lawsuit settled for $50,000, and one settled for $300,000. Kandrevas did not offer a comment on the cases. However, back in 2010, Edward Zelenak, the attorney for the city of Southgate, said the claims by both employees were "great works of fiction" but it was cheaper to pay the settlements than fight the cases in court.

Under Michigan's primary system, the two candidates who receive the most votes will move on to face off in the general election in November.

See also

• Judgepedia's Election Central
• 2014 judicial election dates