Supreme Weekly: Hot topics hit the courts
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August 18, 2011
by: Katy Farrell
Governor Dennis Daguaard announced the appointment of Lori Wilbur to the South Dakota Supreme Court on Tuesday. Wilbur was most recently the Presiding Judge on the South Dakota Sixth Judicial Circuit, though she has served at every level of the South Dakota judiciary.
In the announcement, the governor said, “Lori Wilbur will be a phenomenal Supreme Court Justice. She is well-respected for her intellect, her calm demeanor, and her quiet commitment to a fair and open judiciary. Every person I consulted spoke in the very highest terms about Judge Wilbur.”[1] Wilbur will be the 69th justice to serve on the high court.
To learn more, read: Lori Wilbur appointed to South Dakota Supreme Court.
The Pennsylvania Supreme Court became the latest to allow recording of proceedings during oral arguments this week. The court has granted the Pennsylvania Cable Network the right to broadcast oral arguments, though some restrictions apply. The proceedings may not be broadcast live, they must run the entirety of the case (with the exception of asides between lawyers or justices) and the court retains the authority to stop recording in order to ensure fairness of process. Recording is set to begin on September 13.[2]
Chief Justice Ronald Castille said that after ten years of consideration, the need for transparency in government won out.[3]
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Justice David Prosser is making headlines for the third time this year, following his highly contested re-election in April and an alleged incident with Justice Ann Walsh Bradley in June. Now, editorials and legal experts are calling for the justice to recuse himself from a case over political speech involving a law firm he hired to help with his campaign’s recount.
Standards of ethics in Wisconsin call for a judge to remove her/himself from a case in which a reasonable person would question the judge’s impartiality.[5] Prosser’s campaign manager insists that the justice is able to remain impartial, even though just months ago the he was a client of the lawyer who will argue the case.[6]
Recusals in the state Supreme Courts were thrust into national consciousness in 2008, after a justice on the Supreme Court of Appeals of West Virginia refused to step down from a case in which Massey Coal Company was the defendant. The company had donated substantial funds to the justice’s campaign for the high court.[7] Since then, support for adopting strict recusal rules has grown in the states.
Still, Prosser intends to hear the case. Perhaps he is worried that stepping back would create a 3-3 deadlock on the already divided court? Either way, with the standard for recusal set so low in Wisconsin, one would have a difficult time proving the “unreasonableness” of a slew of law professors, journalists, and people that watch the court.[8]
Last Friday, Judge Hugh Hegyi dismissed the challenge by Senate President Russell Pearce to end the recall election scheduled for November 8. Pearce appealed to the Arizona Supreme Court. In turn, the court transferred the case to the Arizona Court of Appeals, which is mandated to resolve “expedited elections appeals”.[9]
Pearce is the first lawmaker in the state to be the target of a recall election, and finds himself in this position based on his sponsoring Senate Bill 1070, Arizona’s notorious immigration bill.[10]
To learn more about the legal challenges of the case, read: Recall election moves forward
Another hot topic across the country is the states’ reactions to the Affordable Care Act signed into law last year. This week, the Ohio Supreme Court refused to get into the fray, rejecting a challenge to reconsider the validity of the petitions for the Ohio Health Care Amendment on the 2011 ballot.
The group ProgressOhio filed the challenge. Unanimously, the Supreme Court ruled that case lacked merit and dismissed it.[11]
See also
- Supreme Weekly: Judicial surveys and court room confrontation, the truth may hurt
- Judgepedia's Supreme Weekly: The States
Footnotes
- ↑ South Dakota Unified Judicial System, Press Release: “Gov. Daugaard to Appoint Judge Lori Wilbur to State Supreme Court,” August 16, 2011
- ↑ Philly.com, “Pa. high court allows TV cameras to tape arguments,” August 15, 2011 (dead link)
- ↑ Pittsburgh Tribune-Review, “PCN allowed to tape Pennsylvania Supreme Court proceedings,” August 16, 2011
- ↑ Miami Herald, “Courts: Gov. Scott overstepped his authority,” August 16, 2011
- ↑ The Northwestern, “Editorial: It’s official: Justice for sale in Wisconsin,” August 15, 2011
- ↑ Milwaukee Journal-Sentinel, “Prosser’s recount got ample funding,” August 13, 2011
- ↑ Supreme Court of Appeals of West Virginia#U.S. Supreme Court asked to intervene
- ↑ Milwaukee Journal-Sentinel, Editorial: “A recusal required,” August 17, 2011
- ↑ KTAR.com, “AZ Supreme Court transfers Pearce recall case,” August 17, 2011
- ↑ The Huffington Post, “Russell Pearce, Arizona Immigration Law Mastermind, Faces Recall Election,” July 8, 2011
- ↑ The Plain Dealer, “Ohio Supreme Court rejects suit to remove ‘healthcare freedom’ amendment from fall ballot,” August 12, 2011
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