Supreme Weekly: The news in California, Connecticut, Massachusetts and Missouri

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July 21, 2011

by: Katy Farrell

This week, budgets are causing tension in Massachusetts, the promise of new judges in California and major concerns in Connecticut. Meanwhile, the Supreme Court in Missouri is one step closer to getting a new justice.

Appointments and the budget

The states of Massachusetts and California provide an interesting comparison this week, as both states address judicial appointments, gubernatorial authority and the ever-present budget.

Chief Justice Roderick Ireland and the Massachusetts Supreme Judicial Court have taken issue with the budget signed by Governor Deval Patrick. In it, the judicial branch suffers its fourth consecutive year of cuts. In order to avoid more layoffs, the high court asked the governor to hold off on judicial appointments in the trial courts. The justices stated that for each new judge appointed, three court personnel would need to be laid off. Also, with the current level of operating funds, eleven district courts would need to be closed.

Governor Patrick did not appreciate the suggestions put forth by the court. In response, his legal counsel stated, "As of last week when the budget numbers were known, more than one trial court chief judge continued their active lobbying of our office to fill judicial vacancies. In light of that plea to appoint more judges, we are surprised by today’s claim that the courts cannot manage their fiscal affairs without this attempt to constrain the governor’s constitutional authority. We look forward to their explanation. In the meantime, the governor will continue to exercise the powers granted to him by the Constitution of this Commonwealth."

Meanwhile, in California, a passed budget provides the opportunity for Governor Jerry Brown to start considering judicial appointments. This includes a justice to replace the retired Carlos Moreno, who stepped down from the California Supreme Court in February. The governor is said to have interviewed applicants to succeed Moreno. Since taking office in January 2011, Brown has not yet appointed one judge.

The California courts also took a substantial hit in the new budget. $350 million has been cut from the branch, which translates into a 6.7% decrease in funding for the trial courts. Still, Chief Justice Tani Cantil-Sakauye commented, "I'm excited he's moving on it. I feel confident now it'll happen sooner rather than later," in response to the news that the governor had started interviewing candidates.

More budget woes

Connecticut's judicial branch is the latest state to be informed of massive cuts. In a statement addressing the reduction, Chief Justice Chase T. Rogers said, "I fear that our courts will be unable to fulfill the mandate that the Constitution requires and that every resident deserves. Because we have no option but to close and consolidate courts and to lay off 452 employees, these cuts will dramatically change the way the Judicial Branch does business."

The branch is ordered to layoff 452 employees, all in positions that support the courts. In addition, four courts, one jail and six law libraries will close. This is on top of the 150 positions that have already been left unfilled.

These cuts are all hypothetical, however, so there is some hope still. On June 30, the Connecticut State Legislature enacted reductions in the budget for every state department, after concessions with the state public labor unions was not reached. The deadline for those talks is August 31, 2011.

In the meantime, state agencies must submit operating budget plans for 2012-2013. The proposed layoffs and closures for the judiciary comprise roughly $86 million in cuts for two years.

Applicants for vacancy

In Missouri, Justice Michael Wolff is dreaming of his August retirement, while the Appellate Judicial Commission is screening potential successors. In addition to the names of the applicants, the commission this week made public other information as well.

• Ten candidates are men, while three are women.
• There are two minority applicants and eleven non-minority applicants.
• Nine are from Kansas City or St. Louis areas, while four live in central Missouri.
• Seven serve in the public sector and six work in the private sector. Six of the seven public sector employees are judges.

Judges who applied are:

George Draper III, of the Eastern District of the Missouri Court of Appeals;

Glenn Norton, also of the Eastern District of the appellate court;

Lisa White Hardwick, of the Western District of the Missouri Court of Appeals;

Karen Mitchell, also of the Western District of the appellate court;

Mark Pfeiffer, of the Western District as well;

Michael W. Manners, of the 16th Judicial Circuit Court.

Other applicants are:

State Solicitor James Layton;

And attorneys:

Timothy Cisar;

Gretchen Garrison;

Richard A. Gartner;

Joe Jacobson;

Paul Lane; and

Erwin Swizer.

All 13 candidates will be interviewed by the Appellate Judicial Commission before candidates are recommended to Governor Jay Nixon.

See also

• Supreme Weekly: Governors in the courts
• Judgepedia's Supreme Weekly: The States