Supreme Weekly: Appointments, media rules and court closures

August 4, 2011

by: Katy Farrell

This week we look into the recent Supreme Court appointments in Virginia and Alabama, in addition to new rules for the media and court closures in Nevada and Pennsylvania.

Virginia

On Friday, after almost six months of debate, the Virginia Legislature elected two new justices to the state Supreme Court. The names of Cleo Powell and Elizabeth McClanahan, both judges of the Court of Appeals, had been circulating as candidates since April. Now the high court can settle into its September session with a full chamber.

Newly elected Powell has worked in many legal positions, both in and out of the public sector. She has served as Senior Assistant Attorney General for Virginia, judge on the Chesterfield County Circuit Court and Court of Appeals. She has also worked in private practice and as corporate counsel for Virginia Power.

McClanahan has also worked in the public and private sector. She was a partner in a law firm and Chief Deputy Attorney General of Virginia before joining the Court of Appeals in 2003.

With the appointments, Virginia becomes the seventeenth state in the nation to have at least three women serving on its Supreme Court.

The others are:

California Colorado Kansas Louisiana Maryland Massachusetts Michigan Missouri

New Jersey New York North Carolina Ohio Tennessee Texas (Court of Criminal Appeals) Washington Wisconsin

Alabama

This Monday, Governor Bob Riley surprised many when he announced his choice for Chief Justice of the Alabama Supreme Court. Riley appointed Charles Malone, who served as his chief of staff for seven months. Before that, Malone was a judge on the Sixth Circuit Court.

In the official statement, the governor said that Malone "...brings a perfect blend of judicial and administrative expertise needed for this position" and "will serve the people of this state well."

He was insistent that politics did not factor into his decision, which seems consistent with his choice. Shying away from appointing individuals that publicly sought the seat (Charles Graddick and Lyn Stuart) or his potential competitor in 2014 gubernatorial race (Representative Artur Davis), Riley opted for a friend and colleague.

With Malone likely to run for election to the seat in 2012 and at least one formidable opponent already announced, it looks like Alabama will keep with its tradition of hotly contested Supreme Court races.

Pennsylvania

This week, the Pennsylvania Supreme Court announced that Magisterial District 12-1-03 will officially close on September 2, 2011. While this district is one of almost fifty set to close this year, it specifically has been a matter of some controversy. In April, when the proposed closure was first announced, five candidates planning to run for retiring judge Joseph Solomon's seat filed suit against the state order. In the United States Circuit Court for the Middle District of Pennsylvania, they contended that the closure trampled federal voting rights for residents of the district. With the proposed consolidation, it would be too late for district voters to participate in the primary election, though they would be able to vote in the general election. Ultimately, the case was dismissed. This led the way for Chief Justice Ronald Castille to announce closures.

Nevada

Earlier in the week, the Nevada Supreme Court expanded the ability of reporters to cover trials through electronic media. In the order, electronic media is defined as recording or televising with any cameras. Reporters still must request permission from the presiding judge, but now only 24 hours in advance as opposed to 72. It is up to individual judges to waive the necessity of a written request. Only one reporter may cover a proceeding at once, though media representatives are able to coordinate the pooling of coverage.

Tthe right to a fair trial may not be compromised by the presentation of the media. However, as of September 1, the new policy expressly states that "...there is a presumption that all courtroom proceedings that are open to the public are subject to electronic coverage."

See also

• Supreme Weekly: Headlines in California, Alabama and Virginia
• Judgepedia's Supreme Weekly: The States