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Quality Judges

The Quality Judges Initiative serves to advance empirically informed models for choosing, evaluating and retaining judges that preserve impartiality and accountability in the civil justice system.

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North Carolina’s 2014 Supreme Court Election Is One to Watch

Malia Reddick Posted in Quality Judges

Four of the seven seats on the North Carolina Supreme Court are on the ballot in November. The current ideological balance on the court is 4-3, with a Republican majority, and three of the four seats up for election are currently held by Democrats. Commentators anticipate millions of dollars in special interest spending in the coming months.

Florida Legislators Propose What Some Label Another Court-Packing Plan

Malia Reddick Posted in Quality Judges

The terms of three members of Florida’s seven-member supreme court are set to expire at the same time that the next Florida governor’s term expires—on January 8, 2019. Recognizing that state law is unclear as to whether the outgoing or incoming governor has the authority to fill judicial vacancies that occur on inauguration day, a Republican senator has offered a proposed constitutional amendment that would empower the outgoing governor to make these appointments.

Tort Reform Politics Makes Strange Bedfellows in Texas Judicial Elections

Malia Reddick Posted in Quality Judges

Texas’ Republican primary elections on March 4 have brought together an unusual combination of candidates and campaign contributors, at least with respect to the state’s highest court. The incumbent Republican justices have received support from a typical source—advocates of tort reform and limitations on civil lawsuits—but their Republican challengers are benefiting from donations by trial attorneys and left-of-center groups, who historically have backed Democratic candidates.

Alaska Legislators Seek to Change the Way Judges Are Selected

Malia Reddick Posted in Quality Judges

Republican state legislators have proposed a bill that would increase the size of, and allow the governor to appoint a majority of members to, the Alaska Judicial Council. The AJC serves as both the judicial nominating commission and the judicial performance evaluation commission. Under the new bill, the AJC would be expanded to 16 members, and the change would require amending the constitution.

Oklahoma’s Judicial Performance Evaluation Proposal Deserves a Closer Look

Chief Judge Janice Davidson Posted in Featured, Informed Opinions, Quality Judges

HB 3380 would establish a judicial performance evaluation program for Oklahoma’s appellate and trial judges, and is remarkably similar to processes that already operate successfully in seven states where judges appear on the ballot, as they do in Oklahoma. The contemplated JPE program in Oklahoma is objective, broad-based, and apolitical, and an improvement on existing processes.

Selection Reform Proposals Trend toward Enhancing Gubernatorial Authority

Malia Reddick Posted in Quality Judges

There are several anticipated efforts in 2014 to alter processes for selecting state court judges, particularly in states with commission-based gubernatorial appointment of appellate judges. In Kansas, Oklahoma, and Tennessee, as in Arizona and Florida in recent years, legislative proposals are aimed at directly or indirectly expanding the governor’s appointing authority.

Pennsylvania Adds Recusal Rule to Code of Judicial Conduct

Malia Reddick Posted in Quality Judges

For the first time in more than 40 years, the Pennsylvania Supreme Court has amended its Code of Judicial Conduct. Among the new rules is a provision that requires judges to recuse themselves from hearing cases where the judge knows or learns that a party, a party’s lawyer, or the law firm of a party’s lawyer has made a direct or indirect contribution(s) to the judge’s campaign.

After a Judge Invalidates Its Composition, Tennessee JPE Commission Releases 2014 Evaluations

Malia Reddick Posted in Quality Judges

A Tennessee trial court judge has ruled that the composition of the state’s judicial performance evaluation commission violates the state constitution. Despite invalidating the commission’s composition, the judge did not enjoin its operation, and, three days after the ruling, the commission released its final evaluations and recommendations for the appellate judges standing for retention later this year.

Selection Reform on the Agenda in Several States in 2014

Malia Reddick Posted in Quality Judges

With the start of a new year comes the convening of state legislatures around the country, and, in a number of states, judicial selection reform is on the table. Kansas, Missouri, Oklahoma, Tennessee, Texas, Minnesota, and Pennsylvania will all consider changes in how their judges reach the bench.

Rebecca Love Kourlis on LXBN TV to Discuss Judicial Elections and Alternatives

Robert Thompson Posted in Featured, Quality Judges

IAALS Executive Director Rebecca Love Kourlis paid a pre-holiday, virtual visit to LXBN TV to talk about the effects of partisan elections of judges across the country. Kourlis weighed in on the same concerns that U.S. Supreme Court Justice Sonia Sotomayor recently voiced regarding the influence that partisan elections can have on judges’ decisions.

Debate Over Campaign Finance Disclosure Continues in Michigan

Malia Reddick Posted in Quality Judges

According to the Michigan Campaign Finance Network (MCFN), more than $18 million was spent in two Michigan Supreme Court races in 2012. Of this, nearly $14 million was spent on candidate-focused issue advertising, but the sponsors of those ads were not required to disclose their spending or identify their donors. A bill that would codify the current non-disclosure rule has supporters and opponents who are urging the governor to take their side.

2014 Could Bring Major Developments for Tennessee Judiciary

Malia Reddick Posted in Quality Judges

In August 2014, all of Tennessee’s appellate judges will appear on the ballot, and voters will decide whether they should be retained in office. By that time, the Judicial Performance Evaluation Commission will have provided information to the public about these judges’ performance on the bench. Last month, the commission announced that it may take the unprecedented step of recommending against the retention of three intermediate appellate court judges.

IAALS Executive Director Provides Insight into Merit Selection Proposal in Pennsylvania

Zachary Willis Posted in Featured, Quality Judges

The Pittsburgh Tribune-Review recently published an article about proposed legislation to change the Pennsylvania judicial selection process. IAALS Executive Director Rebecca Love Kourlis was interviewed in the article about the proposed legislation and the benefits of merit selection. She noted that the Pennsylvania proposal contains the front-end nominating commission process endorsed by IAALS as the O’Connor Judicial Selection Plan.

IAALS Board Member Russell Wheeler Weighs in on Senate Rule Change

Malia Reddick Posted in Quality Judges

The U.S. Senate voted 52 to 48 to change its rules regarding use of the filibuster to block votes on nominees to the lower federal courts and executive branch positions. The immediate impact of this development will be to allow votes on three nominees to the U.S. Court of Appeals for the D.C. Circuit whose appointments Republicans have blocked. Writing for CNN.com, IAALS Board of Advisors member Russell Wheeler suggested that the three will be confirmed “but at a cost.”

U.S. Supreme Court Justices Question Impact of Partisan Elections on Judicial Sentencing

Malia Reddick Posted in Quality Judges

In a recent opinion dissenting from the denial of certiorari in an Alabama death penalty case, U.S. Supreme Court Justice Sonia Sotomayor questioned whether the pressures of partisan judicial elections influence judges’ decisions in cases involving hot-button issues like capital punishment. Social scientists have examined the question before, and have come to similar conclusions.

OAC Member Wallace Jefferson Talks Judicial Elections and Accountability on MSNBC

Malia Reddick Posted in Quality Judges

O’Connor Advisory Committee member and former Texas chief justice Wallace Jefferson recently appeared on MSNBC’s Craig Melvin show. That segment of the program focused on the findings of the latest New Politics of Judicial Elections report. In his remarks, Jefferson acknowledged the value of judicial accountability but suggested that voters do not have enough information about judges and judicial candidates to cast votes based on merit.

Bipartisan Merit Selection Effort Officially Launched in Pennsylvania

Malia Reddick Posted in Quality Judges

Republican and Democratic lawmakers have introduced a bill calling for a move to merit selection for judges of Pennsylvania’s appellate courts. The proposed constitutional amendment would replace partisan elections with a commission-based gubernatorial appointment and senate confirmation process. And, the time may be right for selection reform in the state, according to a recent survey.

Judicial Candidates on the Ballot in One State, Retirement Age for Judges in Another

Malia Reddick Posted in Quality Judges

Pennsylvania is one of at least four states that holds judicial elections in off-years. This November, two candidates competed for a seat on the superior court (an intermediate appellate court) and four appellate judges, including two supreme court justices, stood for retention. Additionally, in New York, voters considered a proposed constitutional amendment that would have raised the mandatory retirement age for judges on the state’s highest court and major trials courts.