JP Election Brief: Women successful in judicial races as incumbents face challengers

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The JP Election Brief

Pulling back the curtain on the
drama of judicial elections
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In this issue...

Election news from: Wisconsin, Texas, California, 
Arkansas, Utah, Maryland, 
Georgia and Missouri

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March 27, 2014

by: State Courts Staff

While some states have yet to hold their primaries, Wisconsin voters are getting ready to cast their ballots in the state's general election on April 1. This week's Election Brief looks at the wins female judicial candidates racked up during the Texas primaries. Find out about the organization responsible for grading Utah's incumbent judges as they gear up to run for re-election. And we'll tell you where one important judicial race has already been decided, before the election even happens. Meanwhile, incumbents from coast-to-coast are facing challenges from opponents. We'll let you know who they are.
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Important dates:
Elections:

Filing deadlines:

Wisconsin election preview

Wisconsin:

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Wisconsin voters, get ready because your state is leading off the nation with a spring general election coming up on Tuesday, April 1!


Judges in Wisconsin run in nonpartisan elections across the board. Supreme court judges run for 10-year terms, appellate and circuit court judges run for six-year terms. If a judge leaves office mid-term, the Governor appoints a new judge who must then run in the next election. A situation like this happened earlier this year with the Waupaca County Circuit Court. Governor Scott Walker appointed Judge Keith A. Steckbauer to the bench to fill the vacancy left by retiring Judge John Hoffmann. Steckbauer prevailed in the primary election and will face opponent Vicki Taggatz Clussman in the upcoming general election.


The majority of this year's judicial races in Wisconsin will be unopposed, with a few exceptions. Laura Gramling Perez will face Cedric Cornwall to compete for Branch 32 of the Milwaukee County Circuit Court. For Branch 3 of the Jefferson County Circuit Court, Dave Wambach and Joann Miller will face off. Robert A. Kennedy, Jr. is challenging incumbent Leon Stenz of the Florence/Forest Counties Circuit Court. Christina M. Mayer and James M. Peterson are competing for a seat on the Dunn County Circuit Court. This year there are no supreme court judges up for re-election, or vacancies to fill, but Patricia Curley, Lisa Neubauer and Gary Sherman are all seeking re-election at the appellate level.


While most of the judicial elections in Wisconsin this year will be unopposed races, there are a handful of contested seats. Keep an eye out for the results on Judgepedia, and remember to vote on April 1!


In Dallas County primary, women performed well while incumbents suffered

Texas:

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In Dallas County, Texas, female candidates swept this month’s primary election—while incumbents, who historically perform well, did not receive the same favor from voters.[1]

March 4 Primary Data: Dallas County Incumbents vs. Newcomers
RaceIncumbentNewcomer
Texas District 101Martin 'Marty' Lowy Red x.pngStaci Williams Yes check.svg
Texas District 44Carlos Cortez Red x.pngBonnie Lee Goldstein Yes check.svg
Texas District 204Lena Levario Red x.pngTammy Kemp Yes check.svg
Texas District 255Lori Chrisman Hockett Red x.pngKim Cooks Yes check.svg
Texas District 282Andy Chatham Red x.pngAmber Givens Yes check.svg
Texas District 283Rick Magnis Yes check.svgJustin Lord Red x.png
Texas District 292Larry Mitchell Red x.pngBrandon Birmingham Yes check.svg
Texas District 304William A. Mazur, Jr. Red x.pngAndrea Martin Yes check.svg
Texas District 330Andrea Plumlee Yes check.svgRandall Grubbs Red x.png
Texas District 363Tracy Holmes Yes check.svgNigel H. Redmond Red x.png
Criminal Court No. 5Etta Mullin Yes check.svgLisa Green Yes check.svg
Trey Bunch Red x.png
Criminal Court No. 10Roberto Canas Yes check.svgLeDouglas Johnson Red x.png
Probate Court No. 2Chris Wilmouth Red x.pngIngrid Michelle Warren Yes check.svg
Probate Court No. 3Michael E. Miller Red x.pngMargaret Jones-Johnson Yes check.svg

Some statistics:

  • Nine Democratic judges were defeated by their primary challengers, with similar trends in the legislative races. (See table above.)
  • In every race where a man and woman ran against each other, the woman won—whether outright (as in the case of Tracy Holmes of the 363rd District), or in the form of advancement to a runoff election (as in the case of justice of the peace candidates Sara Martinez and Melissa J. Bellan).[1][2]


Incumbent shunned by Santa Clara County Bar Association

California:

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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.

Judge Diane Ritchie faces election competition for her seat on the Superior Court of Santa Clara County this year. Surprisingly, the Santa Clara County Bar Association announced on March 24 their endorsement for one of her challengers, Matt Harris. This was the result of an internal poll by the association in which attorneys were asked to rate the judicial candidates up for office this year.[3]


172 attorneys voted Harris as qualified for the judgeship. Candidate Annrae Angel was voted qualified by 95 attorneys, while Judge Ritchie had only 76 votes in her favor.[4] The full results of the poll are below:

NameQualifiedNot QualifiedAbstain
Matt Harris17218109
Annrae Angel9532166
Hon. Diane Ritchie7615969

Harris currently works as a deputy district attorney, and Angel is a defense attorney in private practice.[4] They are the first candidates since 1998 to challenge a sitting judge in Santa Clara County. That year, the incumbent won, as is often the case.[3]


Judge Ritchie was criticized in early 2014 by the San Jose Mercury News, which wrote that "in interviews with nearly 100 legal sources over the past five years, including lawyers who have appeared in her court, courthouse staff and fellow judges, [Ritchie] was singled out repeatedly for her struggles to master the job."[5]


Judge Ritchie received mixed reviews in the Santa Clara County Bar Association's 2011 judicial survey. She was rated highly in categories like integrity, work ethic and judicial temperament but received lower marks for knowledge of the law and dispute resolution.[6] More recently, challenger Annrae Angel said of the judge, "I definitely think I can do a better job."[7]


However, Judge Derek Woodhouse voiced support for his colleague, stating,

Judge Ritchie has done an excellent job and deserves re-election. She is intelligent and has a good judicial temperament.[8]
—Hon. Derek Woodhouse[5]

Judge Ritchie's campaign responded to the bar's decision:

It has been clear from the beginning that Judge Ritchie is not the candidate of the insiders, given the limited negative and anonymous information that has been disseminated. Her tenure on the bench has been to serve those who put her there, the people of Santa Clara County, and she is proud of her record on the bench.[8]
—Rich Robinson, political consultant/spokesman for Judge Ritchie's campaign[3]


Majority of justices on the Arkansas Supreme Court next year will be women

Arkansas:

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Three seats are up for election on the Arkansas Supreme Court in the 2014 election. The deadline for candidates to file was March 3, 2014. Only one seat is being contested. Justice Donald Corbin, who holds Position 2 on the court, will retire at the end of his term this year. An Arkansas appellate lawyer, Tim Cullen, and Robin Wynne, a judge who currently serves on the Arkansas Court of Appeals, will be running for Corbin's seat in the primary on May 20.


Position 7, which was held by Robert L. Brown until he retired last year, is currently filled by the Governor's appointee, Cliff Hoofman. Since he was appointed to the position, Hoofman can't run for the seat. Rhonda Wood, who also sits on the Arkansas Court of Appeals, announced her intention to run for the seat well before the election. She even received the endorsement of the State Chamber of Commerce on July 8, 2013.[9] No other opponents signed on to challenge Wood for the seat, which means the court will have its first female majority.


Between 1975 and 1996, two women had the opportunity to sit on the Arkansas high court as appointees. However, a women wasn't elected to the court until 1997. Annabelle Imber Tuck sat on the court until her retirement in 2009.[10]


Justice Karen Baker is also running unopposed to keep her current seat, Position 6. Two other women, Courtney Hudson Goodson and Josephine Hart currently sit on the court, along with Baker. In 2015, the Arkansas Supreme Court will bring the number of high courts around the nation, with a majority of women holding seats, to 10.[10]


Judges filed for retention elections in Utah

Utah:

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Judges in Utah must participate in retention elections if they wish to serve another term.[11] The filing deadline for the 2014 elections was on March 20, and the election will occur on November 4.[12]


The Utah Judicial Performance Evaluation Commission performs and publishes evaluations of judges running for retention prior to each election. Established in 2008, the commission has a courtroom observation program and seeks input from attorneys, jurors and court staff who are familiar with the judge. The survey aims to capture a judge's performance in three main areas: legal ability, judicial temperament and integrity and administrative performance. From the information collected, the commission creates a report on each judge and votes on whether to recommend them for retention.[13]


This year, three justices of the Utah Supreme Court are up for retention, including Chief Justice Matthew Durrant. The other two are Christine Durham, a supreme court justice since 1982, and Thomas Rex Lee, who was appointed in 2010. In addition, 5 out of 7 Utah Court of Appeals judges are up for retention, as well as 33 district and juvenile court judges.[14]


Maryland judicial races overview

Maryland: The deadline to file to run in Maryland’s 2014 primary elections passed at 9:00 p.m. on February 25. Running to fill three seats on the Queen Anne’s County Orphan’s Court are a total of 10 candidates, 2 Democrats and 8 Republicans. Two seats are currently held by incumbents — Republicans Kimberly Jean Cascia and Joseph V. DiPietro. The third seat is open.[15]


In Washington County incumbent Republican circuit court judges Donald E. Beachley and Dana M. Wright have both filed to run. Also filing ahead of the deadline were candidates for the Washington County Orphan’s Court, including the three Republican incumbents, John M. Shriver, Frank E. Novinger, and Robert Adair. They'll face six challengers (three Republicans, two Democrats and one unaffiliated candidate).[16]


Several other counties will hold contested judicial elections this year. In Carroll County incumbent Fred S. Hecker is being challenged by Steven Tiedemann. In Cecil County incumbent Brenda A. Sexton is being challenged by Kevin Urick. In Charles County incumbents Jerome Richard Spencer and Hayward James West are being challenged by Thomas R. Simpson, Jr. In Frederick County incumbent Danny Brian O'Connor is being challenged by Scott Rolle. In Montgomery County incumbents Gary Eugene Bair, Audrey A. Creighton, Nelson W. Rupp, Jr. and Joan E. Ryon are being challenged by Daniel Patrick Connell. In Wicomico County, incumbent and newly appointed judge Jimmy Sarbanes is being challenged by Melvin Caldwell Jr.[17]


Sitting judges in Anne Arundel, Calvert, Harford, Prince George's and Washington counties are running unopposed.[17]

Winners of the June 24 primary election go on to the general election, which will be held on Tuesday, November 4, 2014.


Delayed judicial race turns competitive as contenders enter the race

Georgia: Georgia holds nonpartisan judicial elections in even-numbered years. In its judicial determination contests, each candidate faces off in an all-versus-all race. A maximum of two winners go to a runoff, if no candidate wins by a simple majority. In the Conasauga Judicial Circuit, three contenders have filed to run in the May 20 election. By Georgia election standards, the Conasauga circuit is long overdue for an election. Incumbent judge David Blevins was appointed by Governor Nathan Deal to complete the unexpired term of former judge Robert Adams, whose term was set to expire in 2012.


Georgia election laws state that an appointee must face re-election in the next general election held at "least six months" after their appointment. Blevins' appointment fell within the narrow six-month window of the 2012 general election, thereby delaying the circuit's election until the 2014 general election.[18] Entering the race to challenge Blevins is Scott Helton, an assistant district attorney, and Jim Wilbanks, a municipal court judge in Dalton, Georgia. The last judicial election for Adams' seat was in 2008, when Adams sought and won re-election. Therefore, the voters in the district have not had the opportunity to vote in six years.


Wilbanks has experience as a municipal court judge, and has served as a pro tem judge on more than one occasion for the Georgia superior court system. Helton was a law clerk for the Conasauga circuit courts early in his career. Blevins was a private practice attorney before his 2012 appointment and has characterized himself as "generally conservative", despite the fact that Georgia's judicial elections are nonpartisan.[19] The filing deadline has passed, so the race is limited to the three current contenders. Wilbanks announced his previous desire to run in 2012, but was denied the opportunity through the timing of Adams' retirement.


The Conasauga Judicial Circuit serves Murray and Whitfield counties.


After serving six terms, Republican incumbent facing two Democratic challengers

Missouri: On the final day of filing, an incumbent judge was surprised when two new challengers joined the race. Keith Marquart, the Republican 5th division associate judge for the 5th Circuit in Missouri, will be challenged by David Peppard, a Democrat, and another candidate.[20]


Marquart has been a judge on the 5th Circuit since being appointed in 1989. He was elected in 1990 and re-elected in 1994, 1998, 2002, 2006 and 2010.[21] Peppard is an attorney who received his J.D. from the University of Missouri-Columbia School of Law in 1992. Along with having a private practice, Peppard was an assistant city attorney for St. Joseph.[20]

Political offices aren't entitlements, and I think of this campaign as being a big, long job interview.[8]
—David Peppard[20]

Marquart plans to run on his record and his administration of justice so far on the court. He will emphasize his experience collecting child support, which accounts for 40 percent of his weekly docket.[20]


The name of the other Democratic challenger was unavailable at press time.[20]

See also

Footnotes

  1. 1.0 1.1 Dallas Voice, "Incumbents fared poorly in primary," March 7, 2014
  2. Burnt Orange Report, "The Year Of The Women," March 5, 2014
  3. 3.0 3.1 3.2 San Jose Mercury News, "Bar association gives judge cold shoulder," March 25, 2014
  4. 4.0 4.1 Santa Clara County Bar Association, "Santa Clara County Bar Association Endorses Dennis Lempert and Matt Harris in Contested Superior Court Seats," March 24, 2014
  5. 5.0 5.1 San Jose Mercury News, "Rookie San Jose judge still struggles on the job, sources say," February 1, 2014
  6. Santa Clara County Bar Association, "Judicial Survey Results - Diane Ritchie," 2011
  7. San Jose Mercury News, "Santa Clara County: First sitting judge to face competition in re-election," February 4, 2014
  8. 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. State of Elections - William & Mary Election Law Society, "Citizens United and Arkansas Supreme Court race," February 3, 2014
  10. 10.0 10.1 ArkansasAppeals.com, "History made with Arkansas's first majority-female supreme court," March 4, 2014
  11. See Utah judicial elections.
  12. Utah Lieutenant Governor - Elections, "2014 Election Dates," accessed March 26, 2014
  13. Utah Judicial Performance Evaluation Commission, "Survey Criteria," accessed March 26, 2014
  14. Utah Lieutenant Governor - Elections, "2014 Candidate Filings-Judicial Retention," accessed March 26, 2014
  15. My Eastern Shore, MD, "Many candidates seek local offices in Queen Anne's County," February 28, 2014
  16. Herald Mail Media.com, "Hopefuls file to run for various Washington County, state and national offices," February 26, 2014
  17. 17.0 17.1 The Daily Record.com, "Circuit court judicial election update," February 26, 2014
  18. See Judicial selection in Georgia.
  19. The Daily Citizen, "Three seeking judge post," March 18, 2014 (dead link)
  20. 20.0 20.1 20.2 20.3 20.4 NewsPressNow.com, "Peppard to take on Judge Marquart," March 25, 2014
  21. 5th Judicial Circuit Court, "Associate Circuit Judge Keith Marquart," accessed March 26, 2014