judicial elections

The Pennsylvania Supreme Court upheld the conviction of former Pennsylvania Supreme Court Justice Joan Orie Melvin on charges of misusing the resources of her judicial chambers on her political campaigns, the Pittsburgh Post-Gazette's Paula Reed Ward reports. The most unusual part of Orie Melvin's sentence was thrown out: an order requiring her to write apologies to every judge in Pennsylvania on her picture in handcuffs.

Instead, Orie Melvin just has to write apologies. The Superior Court rejected the idea that forcing Orie Melvin to write apology letters was a violation of her right against self-incrimination.

Three justices on the Tennessee Supreme Court were retained last week during a heated judicial retention race, the Memphis Daily News reports. But while all three justices were retained, another clash is looming over the court's decision-making and "an effort by the Republican supermajorities in the Tennessee Legislature to exert political control over the court." In November, voters are being asked to amend the state constitution to require legislative approval of Supreme Court appointments made by the governor.

Lt. Gov. Ron Ramsey spearheaded a campaign against the retention of the three justices, the Daily News also reports.

Meanwhile, the Washington Post opines that the judicial retention races in Tennessee show that politics need to be kept out of the process for selecting judges: "The application of due process and the maintenance of Americans’ civil rights should be more isolated from the pressures of majoritarian elections."

As Tennesseans go to the polls today to vote on whether to keep three Supreme Court justices on the court, The Washington Post reports that almost a million dollars have been spent on ad campaigns in the judicial retention race. For example, a political action committee set up by the Republican lieutenant governor has contributed $425,000 to seek to defeat the retention of three Democratic justices. The justices raised $1 million themselves.

Outside spending has been increasing in judicial campaigns, including in a primary race for the North Carolina Supreme Court, the New York Times reports. The race for the seat of North Carolina Supreme Court Justice Robin Hudson has drawn more than $1 million, the Times further reports: "The costly and fierce primary shows how the revolution in financing political campaigns, with the surging role of 'super PACs' and other groups financed by corporations, unions and other interests, has entered what was the quieter arena of judicial elections."

Hudson won the primary, the Charlotte Observer reports.

After the Oklahoma Supreme Court struck down tort reform legislation because it contained multiple subjects in violation of the state constitution, state lawmakers are holding hearings on how judges are selected, the Associated Press reported. Oklahoma House Speaker T.W. Shannon said he believes "the Oklahoma Supreme Court has acted at times as a ‘Super Legislature. It is my opinion the court has attempted to derail laws and reforms that are not only constitutional, but benefit our great state and provide greater opportunity and freedom for our citizens," the AP reported. However, others argue that replacing a merit selection system with elections k"could lead to scandals similar to one in the 1960s in which state Supreme Court justices were accused of accepting bribes and fixing decisions," according to the AP.

The Washington Post reports on a study done by liberal group Center for American Progress of "seven state supreme court elections in which spending exceeded $3 million for the first time between 2000 and 2007. CAP then compared rulings in the five years before and after those elections." The group found a correlation between that increased campaign spending, including by outside groups, with an increase by pro-prosecution, anti-criminal defendant rulings by state supreme courts. "Judges are supposed to base decisions on the law and the facts before them, not what voters want," The Washington Post wrote. "But as campaign spending continues to grow, pressure to avoid rulings that would play poorly in a 30-second ad continues to mount."

Pennsylvania Chief Justice Ronald D. Castille will only be able to serve one more year if retained by Pennsylvania voters next month. Castille, a Republican, argued continuity on the high court will benefit Pennsylvania during a “'critical period as it recovers from the loss of one justice to a criminal prosecution and with another justice currently the subject of a federal criminal investigation,”' Castille said in prepared remarks provided to the Pittsburgh Tribune-Review. Joan Orie Melvin is the justice who was removed and Justice Seamus P. McCaffery is the justice who allegedly is under investigation.

Justice Max Baer, a Democrat, also is up for retention and could only serve four more years.