Supreme Weekly: Appointments and the politics of rulings

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October 20, 2011

by: Katy Farrell

After months of vacancies, today we're covering two Supreme Court appointments in two states in two days. Also, we'll look at big cases in Ohio and Florida with potential far-reaching ramifications.

Missouri Appellate judge appointed to Supreme Court

Yesterday, Governor Jay Nixon announced the replacement for former Justice Michael Wolff, who stepped down from the Missouri Supreme Court in August. Appellate judge George Draper will succeed the former judge.

Draper has spent his career working his way through different levels of the Missouri judiciary, beginning as an attorney with the Office of the St. Louis Circuit Attorney in 1984. After ten years in this position, he was appointed to the 21st Circuit Court as an Associate Judge. After four years, he was appointed a circuit judge. In 2000, Draper was appointed to the Missouri Court of Appeals, where he serves the Eastern District.

At the time of the announcement, Governor Nixon said:

In his 17 years on the bench and in his 10 years of service as a circuit attorney in St. Louis, Judge Draper has demonstrated a dedication to justice and to serving the people of this state. Those decades of experience and his legal acumen will enable him to be an outstanding judge on the Missouri Supreme Court. I am very pleased to be able to name this eminently qualified jurist to the state's highest court.

In Missouri, appointed justices must stand for retention in the general election at least one year after appointment. This means that voters will have an opportunity to vote on Draper in the 2014 election.

With the appointment, Judge Draper becomes the only African-American serving on the high court, only the second in the state's history.

Vermont Governor's legal counsel appointed to high court

On Tuesday, Governor Peter Shumlin announced the appointment of Beth Robinson to the Vermont Supreme Court. Robinson will follow Denise Johnson, who retired from the court in August after twenty-one years of service.

Robinson has most recently served as legal counsel to the governor, but practiced law for eighteen years prior to that position. The most notable case she participated in was Baker v. Vermont, which led to the country's first civil union law.

Judicial selection in Vermont differs from Missouri, in that after the governor appoints a judge, she or he must be confirmed by the Vermont State Senate. Confirmation by the body is all but guaranteed for Robinson, since currently twenty out of thirty seats are held by Democrats.

Robinson and Governor Shumlin have worked together politically over the years, advocating for issues such as marriage equality. This does not sit well with some people, including a public opponent of same-sex marriage equality. Craig Bensen said, "As an idealist, spoils and reward is a lousy way to pick justices for the Supreme Court."

Still, the system of selection in Vermont is designed to allow for difference of opinion. At the end of her current term, Robinson will stand for retention before the entire Vermont General Assembly.

Oregon Chief Justice to retire

Meanwhile, as appointments happen in other states, Chief Justice Paul De Muniz has announced his intention to retire from the Oregon Supreme Court. De Muniz will leave the court upon the expiration of his current term, on January 1, 2013. This leaves a seat open for the high court in the 2012 judicial elections. In fact, the retiring Chief Justice says his motivation for announcing his resignation now was to allow potential candidates to prepare for a race.

DeMuniz became a judge in 1990, when he joined the Oregon Court of Appeals. He was elected to the Supreme Court ten years later, and became chief justice in 2006.

Ohio Ruling creates a primary scramble

The Ohio Supreme Court has been busy at work in the last two weeks. One notable ruling has to do with congressional redistricting in the state. On Friday, the high court unanimously ruled that the map passed by Republican legislators last month is subject to a referendum by voters. This ruling suddenly made moot the presidential and congressional primary election, which had been moved to March in 2012. As a result, the Ohio Senate today is voting on a bill to move the primary election to June 2012, which would give lawmakers more time to agree on the new congressional districts.

Another case before the Supreme Court finds a Columbus bar challenging Ohio's Smoking Ban Initiative from 2006. The ban has been in effect since 2007, and prohibits patrons from smoking in public businesses. Zeno's, the bar challenging the ban, has received $33,000 in fines since the ban became effective. A nonprofit organization representing the bar contends that the Ohio Department of Health has exceeded its authority and that the ban restricts land use, enacting "spot zoning" that applies to some businesses and not others.

Considering the pro-business makeup of the court, it is difficult to imagine which way the ruling will go when it is handed down in three to five months.

Florida Governor responds to ruling

Back in July, Supreme Weekly covered Florida Governor Rick Scott's trip to the Florida Supreme Court over a challenge to an executive order regarding rule-making. (See: Supreme Weekly: Governors in the courts.)

This week, Governor Scott compiled with the ruling issued by the court in August, which found that he exceeded the authority of his office and encroached on the legislature's duties. He did not do so lightly, however. In the executive order, Scott criticizes the decision by the court. He says the "majority opinion 'failed to address and apply the plain meaning of the first and sixth sections of Article IV of the Constitution'..."

It is just another slight against the court in the state of Florida, which has certainly seen its bickering among the three branches of government this year. To learn more about the controversies this year, check out the following articles:

• Supreme Weekly: This week in the east, May 5
• Supreme Weekly: Politics, budget and a nomination, April 28
• Supreme Weekly: Checking in with Alabama, Connecticut, Florida and Arkansas, April 14
• Plan to split Supreme Court moves ahead in Florida, April 12
• Supreme Weekly: News from Arkansas, Connecticut, Florida and Hawaii, March 10

See also

• Supreme Weekly: Football, insurance companies and the death penalty
• Judgepedia's Supreme Weekly: The States