Arizona’s constitution requires that counties with a population over 250,000 must select their superior court judges using a merit selection model: judges are appointed by the governor based upon recommendations from a nonpartisan nominating commission, and then subject to periodic retention elections. Smaller counties, by contrast, typically elect their judges in contested elections.
But citizens in these smaller population counties may opt into the merit selection process by approving the change during a general election. And that is exactly what Coconino County voters did last week. It marks the first time that a rural Arizona county has chosen merit selection over the standard, party-affiliated election system. Coconino County Judge Dan Slayton provides more detail on the change at the IAALS Blog.
I applaud the move!
From the National Constitution Center, an update on events occurring over the last couple of weeks:
In the late-night hours of August 13, West Virginia’s Republican-controlled House of Delegates passed articles of impeachment against all four sitting Justices, accusing them of maladministration, corruption, incompetence, neglect of duty, and certain high crimes. (Justice Menis Ketchum had previously resigned after being charged with wire fraud for personal use of a state vehicle and fuel card. He recently pled guilty to those charges.)
On Saturday, August 25, Gov. Jim Justice named Republicans Tim Armstead and Rep. Evan Jenkins to fill the seats vacated by Justice Robin Davis and Ketchum, both elected as Democrats. Davis had retired after the impeachment charges were approved.
Impeachment trials are set to begin in the state senate on September 11. A two-thirds senate majority is needed to convict. If any justices are convicted, Gov. Justice will appoint replacements that will serve until 2020. Armstead and Jenkins will serve until November 2018, when they will have to run in a special election to attempt to keep their seats.
This is going to get very messy, very soon.
The West Virginia Metro News has more on the aftermath of former Justice Robin Davis’s quick (and cynically partisan) resignation immediately after the state House of Delegates impeached her this week.
One persistent theme on this blog is that courts are entirely dependent on other entities for their judicial staffing, and must scramble when those entities are not responsive to those staffing needs. This article offers yet another data point, discussing the ongoing federal judicial vacancies in Nevada, and the concomitant growth of the federal caseload in that jurisdiction.
Poland’s ruling Law and Justice (PiS) party continues to press reforms to that country’s judiciary which trample on judicial independence and the autonomy of the court system. The latest reforms, which would force dozens of judges into early retirement and allow the government to hand-pick their successors, drew thousands to the streets in protest late last week.
Chanting “Shame!”, “Free courts!” and “We’ll defend democracy!”, several thousand protesters rallied in front of the presidential palace in Warsaw just hours after PiS-allied President Andrzej Duda signed into law a controversial measure effectively allowing the government to pick the next Supreme Court chief justice.
Warsaw lawyer Bozena Rojek, 68, said she had returned to protest on the same street where she had rallied against the Communist Party’s brutal 1981 martial law crackdown on the freedom-fighting Solidarity trade union. “I fought for democracy so that there would be free courts, so that we live in a free country with the rule of law,” she told AFP.
“Today everything’s crumbling right before our eyes,” Rojek added.
I’ll have more to say on the choice and its impact on the court system when full blogging resumes at the end of this week.
A curiously timed judicial retirement in Florida has spurred a lawsuit and a debate over whether the vacancy should be filled by the governor or the voters.
Robert Foster, a trial judge on the state’s Fourth Judicial Circuit, was expected to retire on January 7, 2019–the last day of his term. (Foster will have reached the state’s mandatory retirement age.) In April, however, Foster informed Governor Rick Scott that he will take retirement one week earlier, on December 31.
That one week makes a big difference. Normally when a Florida judge leaves on the final day of the term, his seat is filled by popular election. But the governor interpreted the December 31 retirement to be an “early” retirement, which would allow him to fill the seat by gubernatorial appointment. In early May, the Fourth Judicial Circuit’s Judicial Nominating Commission announced the vacancy and invited applications.
Continue reading “Florida’s fight over filling a judicial vacancy”