Gavel Grab

Archive for the 'Ballot Measures' Category

Ballot Measure for Greater Judicial Selection Disclosure Passes

On Election Day, voters in Hawaii approved a constitutional amendment for greater disclosure in the judicial selection process. It will require Hawaii’s judicial selection commission to disclose the names of candidates recommended to the governor or chief justice (for District Court posts) for judgeships, according to a Gavel to Gavel report on ballot measures that passed.

In Alabama, voters passed a ballot measure to ban state courts from using foreign or international law, according to Gavel to Gavel. A Volokh Conspiracy blog post has a lengthy discussion of the measure. At Slate, Mark Joseph Stern opines, “Even Crazier in Alabama: Voters just passed a constitutional amendment that would overrule the Supreme Court.” Read more

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TN Voters Pass Amendment 2, Floridians Reject Amendment 3

TennesseeTennessee voters have approved Amendment 2, to write into the state constitution an appointive-and-retention election system for choosing appellate judges, along with a new requirement for legislative confirmation of the governor’s picks.

“Tuesday’s vote resolves some of the constitutional issues that have fueled harsh debate for years, yet more work is needed to protect Tennessee’s courts from political attacks,” Justice at Stake Executive Director Bert Brandenburg said in a statement.

“Tennesseans would benefit from a strong, nonpartisan judicial nominating commission that’s transparent and represents the diversity of the state,” he added. “Such a system was a hallmark of the Tennessee Plan and served to keep courts fair and impartial, something the voters in Tennessee clearly want.” You can learn more about the debate over Amendment 2 from Gavel Grab. Read more

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Ex-Attorney General Gonzales: Vote Yes on Amendment 2



Former U.S. Attorney General Alberto Gonzales and former Tennessee Supreme Court Justice William Koch are jointly urging a “yes” vote on a proposed constitutional amendment to change the way Tennessee’s appellate judges are chosen.

“Passing Amendment 2 will bring clarity and certainty to the way we choose the 29 appellate court judges, including the five Supreme Court justices who serve statewide in Tennessee,” they wrote in a Tennessean op-ed.

“But if we fail to pass Amendment 2, it will likely open up these judges to partisan statewide elections that will seriously undermine the integrity, impartiality and independence of our appellate courts.” Gonzales is dean of the Belmont University College of Law in Nashville. Read more

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More Commentary Seeks Rejection of Amendment 3 in Florida

Published opinion in Florida continues to pound away at a proposed constitutional amendment to allow an outgoing governor certain prospective appointments of judges.

“Floridians must reject the Legislature’s proposal to strip the power to appoint judges from the newly elected governor and give that power to an unaccountable lame-duck governor,” Howard L. Simon, executive director of the American Civil Liberties Union of Florida, writes in a Tallahassee Democrat op-ed.

An Ocala Star Banner editorial says, “The constitution is clear about when appointments should occur and who should make them,” and it urges voters to reject Amendment 3 on Election Day. To learn more about the debate over Amendment 3, see Gavel Grab.

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Editorial: No on Amendment 3


Floridians should vote no on Amendment 3, according to an editorial by the Sun Sentinel. (For background on the proposed constitutional amendment regarding judicial appointments, see Gavel Grab.)

The editorial bases its opinion on the 2006 state Supreme Court advisory opinion and the powers of the court’s chief justice. The opinion stated that the appointment power is clearly with the incoming governor. The chief justice also has the power to fill vacancies with other judges for a short period of time.

The three justices who would be affected by the amendment were opposed in the last election cycle by the Republican Party, which controls the executive and legislative branches in Florida. The editorial concludes by calling Amendment 3 the “latest politically motivated attempt to manipulate the state’s courts…”

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Commentary: Yes on Amendment 2


Amendment 2 “will establish a system for selecting judges that ensures that our appellate court judge or a Supreme Court justice will be independent, highly qualified and unbiased,” says Verna Wyatt, executive director of Tennessee Voices for Victims, in a commentary in The Daily Herald. (See Gavel Grab for background on Amendment 2.)

The amendment will reflect the federal judicial appointment system with both the executive and legislative branches having a hand in the process, but also include a retention election. According to the commentary, this creates a balance of a fair and independent judiciary that still remains accountable to the people.

Judges should be “held accountable to the people of Tennessee, not the best politicians who can raise the most money from special-interest groups,” the commentary says, “We don’t want our judges to be pressured to make rulings based on campaign contributions or politics.”


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Former Senator: Don't Permit 'Lame-Duck' Stacking of Court

VillalobosFlorida’s proposed Amendment 3 “opens the door for lame-duck governors in the future to stack the court on their way out the door,” former state Sen. Alex Villalobos writes in a Miami Herald opinion.

“It is just the latest in a series of outrageous proposals aimed at seizing partisan control over our fair and impartial courts,” writes Villalobos, who served as Republican majority leader of the Senate. He parts ways with Republicans currently in the state legislature who have pushed for the proposed constitutional amendment. At the same time, he does not mention party affiliation in his op-ed.

The amendment would allow outgoing governors to make certain prospective judicial appointments. In urging a “no” vote on Election Day, Villalobos adds, “Floridians across the political spectrum have consistently agreed on the importance of keeping partisan politics out of our courts.”

Villalobos belongs to the Justice at Stake board of directors. He did not write the commentary in his JAS role.

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Commentary: Amendment 3 'Looks Like a Partisan Power Grab'

florida-state-flagAdd Paula Dockery, a columnist and former Republican member of the Florida legislature, to critics calling Amendment 3 on the Florida ballot this fall a bid to enable political court-packing.

At Florida Today, Dockery rips into the proposed constitutional amendment to allow an outgoing governor certain prospective appointments of judges, calling it “an unnecessary and divisive move that looks like a partisan power grab intended to stack the court.” The measure was pushed by Republicans in the state legislature.

“While legislative and governor races are expected to be highly partisan, voters correctly expect the judicial branch to be nonpartisan,” Dockery explains. “Justice for all requires justice to be blind.”

“Regardless of who is governor, the incoming governor should have the responsibility of judicial appointments and should be held accountable for his or her choices. How can you hold someone accountable who has left office?” Read more

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Amendment 2 Vote: Tweak to Judicial Selection, or 'Radical Change'?

Nashville Public Radio offers one of the most compelling headlines so far in media reporting on proposed Amendment 2: “Tennessee Voters Choose Between Tweaking Judicial Selection Or Setting Stage For Radical Change.”

The proposed constitutional amendment would change the way appellate judges are selected in Tennessee by adding a requirement for legislative confirmation after the governor makes an appointment. A judge seeking a new term still would run in a retention (up-or-down) election. Read more

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On Amendment 3: 'Future of the Florida Supreme Court at Stake'


Amendment 3 is “a bizarre ‘solution’ searching for a non-existent problem,” a Sarasota Herald-Tribune editorial quotes former state Supreme Court Justice Harry Lee Anstead as saying. (For background on the proposed constitutional amendment regarding judicial appointments, see Gavel Grab.)

The editorial cites a Florida Supreme Court advisory opinion in 2006 stating that the terms of judges unable to stand for retention will expire in January following the general election. This places the timeline for replacement appointments firmly in the jurisdiction of the incoming governor if one is newly elected, according to the editorial. Without any actual “confusion over the expiration of judicial terms,” the editorial recommends a “no” vote on the amendment.

WTSP 10 News reports that Republicans are calling the amendment necessary to avert a potential constitutional crisis, while Democrats are calling it “an attempted court-packing power grab.” A WTXL TV report about the amendment quoted former state Sen. Alex Villalobos as saying, “We think that this is politicizing the way that the court works.” Villalobos, a board member of Justice at Stake, did not voice a position as a JAS board member.

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