Supreme Weekly: January 26, 2012

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January 26, 2012

by: Katy Farrell

This week's Supreme Weekly will look at a few seats shuffling on the Nebraska and Utah Supreme Courts. In addition to having the ultimate appellate review of a case, the courts of last resort act as the head of a state's judiciary. In that vein, we will also look at recent procedures called for in the states' high courts.

Justices shuffling

Nebraska

Justice John Gerrard was confirmed to the United States District Court for the District of Nebraska. Gerrard served on the Nebraska Supreme Court from 1995 to 2012. He was nominated to the federal court by President Obama and was rated as Unanimously Well Qualified during the appointment process by the American Bar Association.

Gerard's elevation to a federal court leaves a vacancy in Nebraska. Since Gerrard was retained in 2010, Governor Dave Heineman will appoint a justice to serve the remainder of the unfinished term.

Utah

Meanwhile, Chief Justice of the Utah Supreme Court, Christine Durham, used her State of the Judiciary address to announce her resignation as head of the state's judiciary. Durham will continue to serve on the court, but will transfer the reigns of power to Justice Matthew Durrant come April 1.

Procedures

Georgia

Last week, Justice David Nahmias encouraged members of the Augusta Bar Association to brainstorm ideas to fix Georgia's appellate system. Citing high caseloads and unusual jurisdiction, the Georgia Supreme Court Justice said, "It's amazing the system works as well as it does. It's just a strange one."

During the talk at the Augusta County Club, Nahmias referred to the system of appellate review in the state as "cobbled together," and not as "divinely inspired" as the federal model. He also said the state Supreme Court's original appellate jurisdiction over divorces and property disputes clogs up the system.

Nahmias has been serving on the Supreme Court for only three years, following a 2009 appointment by Governor Sonny Perdue. The justice was elected to a full term in the runoff election in November 2010.

Missouri

In Missouri, Chief Justice Richard Teitelman is asking the State Legislature to follow the recommendations of a work group that supports reducing sentences for criminals and shortening parole times. The group was formed to determine how the state could best trim costs and decrease the number of citizens in prison. If the legislature adopts the measures proposed, the state could save up to $16.6 million in five years.

Vermont

Meanwhile, the Vermont Supreme Court has ordered the Criminal Divisions of the Superior Courts to begin keeping records of all search warrants requested. Recently it has come to light that many courts have no system of documenting the history of a search warrant: when it is requested, what is found as a result, or if a warrant was denied. Since the high court is responsible for preservation of all records pertaining the courts, its directive is set to immediately take effect.

Illinois

On Tuesday, the Illinois Supreme Court announced that it had unanimously agreed to begin a pilot program that allows cameras in circuit court courtrooms. News cameras have covered hearings of the Supreme Court and Appellate Court since 1983.

Though videotaping will be permissible, authority to deny the privilege lies with the trial court judges. Also, recording of the following cases is not permitted: juvenile, divorce, adoption, child custody, evidence suppression and trade secrets. In instances of sexual abuse, the victim testifying will not be filmed unless she or he consents to the filming.

According to Chief Justice Thomas Kilbride, "This is another step to bring more transparency and more accountability to the Illinois court system. The provision[s] of this policy...affords a closer look at the workings of our court system to the public through the eyes of the electronic news media and news photographers."

Illinois is the thirty-seventh state to allow full-scale visual media coverage of its trial courts.

See also

• Supreme Weekly: Redistricting, ethics charges and major rulings
• Judgepedia's Supreme Weekly: The States