JP Election Brief: Three in the midwest and two in the south

March 8, 2012

by: the State Court Staff

Every Thursday, Judgepedia's State Court Staff examines events in the world of judicial elections across the nation. Make sure to use Judgepedia's Election Central the rest of the week as a hub for all your judicial election needs.

Filing deadlines

• March 6: Filing deadline for primary election in Oregon
• March 9: Filing deadline for primary election in California
• March 9: Filing deadline for primary election in Idaho

Want to know more about Judgepedia's 2012 election coverage?
Check out Judgepedia's Election Central for details!

Illinois Supreme Court race

Lights out in Illinois Supreme Court debate

On Tuesday, the four candidates seeking the Democratic nomination for the Illinois Supreme Court were left in the dark during part of their debate on Chicago Tonight. The TV studio where the debate was being filmed experienced a complete blackout for about 25 minutes. In light of the night's somewhat contentious discussions, however, the outage was probably the least of the candidates' concerns.

One of the issues revolved around incumbent Judge Mary Jane Theis' relationship with Chicago Mayor Rahm Emanuel. Judge Theis was appointed to a temporary term in October of 2010--in time for her to take part in a unanimous ruling that determined Emanuel was eligible to run for mayor. Theis's opponents, Judge Joy Cunningham and Aurelia Marie Pucinski, pointed out that Theis was Emanuel's neighbor and should have recused herself from the case. Pucinski pointed to Emanuel's campaign contributions by to Theis's campaign, but Theis defended her decision, stating, "The fact that one of the litigants in the case lives in the same area that I lived, I really don't think that the people of the city of Chicago would question my integrity."

Another topic of debate was bar association ratings. Theis and Cunningham received positive ratings from all of the major groups of lawyers, while Pucinski and lawyer Thomas W. Flannigan did not do as well. Pucinski dismissed the relevance of the ratings, saying, "What a great idea - let's let lawyers decide who they like. I do not think that the bar ratings are the be-all and end-all of this campaign." Flannigan only received an endorsement from one bar association.

Overall, the tension between Theis and Pucinski seemed to be the highest. It will be interesting to see which of the four candidates is chosen to face Republican Judge James G. Riley in November. Whoever it is, Riley's chances don't look good. Researcher Albert Klumpp explained that the last time a Republican defeated a Democrat for a Supreme Court vacancy was in 1924.

You can watch the online portion of the debate here: Chicago Tonight: Illinois Supreme Court Candidate Forum.

In the News

Ohio appellate race primary results

With every up must come a down, and yesterday thirty-three judicial candidates in the Buckeye State found themselves on the losing end of a campaign. The most high-profile of all those candidates is Fanon Rucker, judge of the Hamilton County Municipal Court, whose bid for the Ohio Supreme Court ended yesterday. William O'Neill will advance to the general election to challenge incumbent Justice Robert Cupp.

There were also contested primaries on five of the Ohio District Courts of Appeal, the state's intermediate appellate courts.

• In the Second District, the general election will see a race between Republican Jeffrey M. Welbaum and Democrat Carley Ingram. Wellbaum ran unopposed after his competition, Austin P. Wildman, withdrew from the race. Ingram won the Democratic primary by more than 20% on Tuesday.

• Four candidates competed in the Republican primary for the Fourth District yesterday, and Leonard F. Holzapfel emerged victorious. He will face off against Marie Hoover in the general election, since Tuesday she won the Democratic primary.

• The primary election in the Fifth District selectd a Republican challenger for incumbent Patricia Delaney in November. Jeanette Moll won the primary with over two-thirds of the vote.

• In the Sixth District, James D. Jensen won a close race. Since no Democratic challenger has filed for the seat, Jensen is almost assured victory come November.

• A similar situation in the Eighth District finds Democrat Eileen T. Gallagher unopposed in the general election. Gallagher won by a large margin, receiving 88% of the vote on Tuesday. There were two more races in the district also, both for a full-term open seat. Kenneth R. Spanagel will be the Republican nominee for that race, while Timothy McCormack won a five-way race for the Democratic nomination.

All results are courtesy of the Ohio Secretary of State.

Judge's injunction bars enforcement of voter ID in April election

Governor Walker suffered a loss this Tuesday as Judge David Flanagan ruled in favor of the NAACP, issuing a temporary injunction preventing the enforcement of the state photo identification law. The injunction prevents the Governor and the Government Accountability Board from enforcing or implementing the photo identification requirements laid out in the law. The trial to decide whether the injunction becomes permanent is scheduled for April 16, leaving the voter ID law ineffective during the April 4 elections.

"If no injunction is issued, a clearly improper impairment of a most vital element of our society will occur. The duty of the court is clear. The case has been made. Irreparable harm is likely to occur in the absence of an injunction." - Judge David Flanagan

• Click here to read the complete injunction

Opposition

The state Department of Justice is reviewing Flanagan's ruling.

"We disagree with the ruling and will continue our efforts to defend Wisconsin's voter ID law, which is similar to laws that have already been upheld by the United States Supreme Court."

-Dana Brueck, The state Department of Justice spokeswoman

Governor Walker remains confident of victory in the upcoming trial.

"Requiring photo identification to vote is common sense. We require it to get a library card, cold medicine, and public assistance. Ensuring the integrity of our elections is one of the core functions of government." - Cullen Werwie, the governor's spokesman

In response to the ruling, pro-Walker activists have circulated an image of Judge Flanagan's signature on a signed petition recalling Governor Walker.

“The very fact that Dane County Judge David Flanagan signed a petition to recall Governor Walker calls today’s court proceedings regarding Wisconsin’s voter ID law into question.”

- Ben Sparks, Republican Party of Wisconsin spokesman

Support

The Democratic Party of Wisconsin praised the decision.

"Today's action that halts the implementation of flawed legislation that makes it harder for students, seniors and minorities to exercise their right to vote is a victory for all Wisconsinites. Wisconsin law should focus on increasing voter participation, not diminishing it." - Mike Tate, chairman of the Democratic Party of Wisconsin

Democratic State Rep. Jocasta Zamarripa of Milwaukee, said the ruling could boost turnout among Milwaukee's under-represented communities, especially Latinas and African-American men.

Election date debate in Georgia

Augusta, Georgia: Augusta officials have been fighting the new date of elections since the passing of House Bill 158 last year, which moved elections from November to July, the previous date of the Georgia general primary. Their fight, however, seems to be coming to an end. Augusta officials' opposition to the change in dates is based on a loophole that allowed them to keep their elections in November, even as the rest of the state was moving to a July election. A bill, introduced by Barbara Sims, would close this loophole and force the movement of the election date. The bill has already passed the house, and is expected to pass the senate as well.

Officials in Augusta against the move argue that the July date will favor Republicans and decrease black voting power, but those assertions have not been accepted by those in favor of the July date.

Next up, Alabama

The Alabama primary is the next in the nation, occurring Tuesday, March 13. As the Brief mentioned last week, the race for Chief Justice has received the most coverage, since three Republican nominees and a nine-member Republican court pretty much assures that the race is decided in the primary. (We must note, however, that a Democratic challenger for the seat will compete in the general election. That is Harry Lyon, an attorney based in Pelham.)

In addition to the Chief Justice race, Republicans Debra H. Jones and Tommy Bryan will compete for Place 1, the seat of retiring Justice Thomas Woodall on the Supreme Court. Bryan was elected to the Alabama Court of Civil Appeals in 2004 and was re-elected in 2010. Jones was elected to the 7th Circuit Court in 2010.

Still, there are contested races on eight Circuit Courts as well. To learn more about those, visit: Alabama judicial elections, 2012 - Circuit Courts.

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