JP Election Brief: Highlights of the 2012 judicial elections

November 15, 2012

by: the State Court Staff

Election recap: Highlights of the 2012 judicial elections

Last week, we covered the state Supreme Court election results. Today, we're going further down the ballot to highlight some non-Supreme Court judicial elections. JP staff picked 12 of the most interesting results, across 12 different states, that we came across this year.

For state Supreme Court results, see: JP Election Brief: 2012 State Supreme Court Results

ALABAMA: Democratic challengers take the lead in Jefferson County

Alabama: With close to 200 candidates participating in the general election, the state of Alabama saw many races across five levels of the courts. The Circuit Court races in one county stick out as being unique, however. That is Jefferson County, home to the city of Birmingham.

In 12 races for the Circuit 10 Court, incumbents were contested in four. In those four races, judges were defeated in three. The only incumbent with an opponent to win re-election on the Circuit 10 Court was Virginia A. Vinson in Place 27.

This most likely has to do with the party affiliation of the judges. In Alabama, judges participate in partisan elections. The three incumbents who were defeated were Republicans. In fact, out of the 8 incumbents seeking re-election to the court, half were Republicans and half Democrats. One Republican, Judge Teresa T. Pulliam, did not draw any opposition. She was the only Republican to win election to the court that night. The other 11 candidates elected were Democrats.

ARKANSAS: The end to a "bruising" campaign

Arkansas: In Arkansas, the race for the Division 11 position on the Sixth Circuit featured Patti James, a family law attorney, and John Hout, a deputy prosecuting attorney. At stake was a position as a juvenile court judge.

Though the race began peaceably enough, by election day the campaign was described as "bruising." Hout's campaign sent a mailer to voters that seemed to attack James for being part of a firm that represents criminal defendants, claiming that his opponent "owns and manages a law firm that represents criminals that have raped and murdered children." The mailer went on to accuse James' firm of "bill[ing] taxpayers hundreds of thousands of dollars to defend the most violent and dangerous of offenders."

As Hout's critics were quick to point out, a criminal defendant's constitutional right to counsel is a fundamental part of the American justice system--so fundamental, in fact, that criminal defendants who cannot afford an attorney are appointed one, paid for by the state. The fact that Hout seemed to be attacking James on the basis of her association with a criminal defense attorney did not sit well with James, who described her opponent's tactics as "Dirty dirty dirty" on her campaign Facebook page.

After all the dust settled, James defeated Hout in the election, taking just over 63% of the vote.

FLORIDA: County Court seat leaves the Atack family

Florida: Craig Atack, a candidate for the Flagler County Court judgeship this year, was unsuccessful in succeeding his mom on the bench. Judge Sharon B. Atack is retiring from the County Court position she has held since 1995. Before that, her husband William served on the court. Craig Atack would have been the third generation of his family to serve on this court, but he was bested by Melissa Moore Stens in a close race. With 51.1% of the vote, Stens was announced victorious.

INDIANA: Incumbent defeated in close Adams County race

Indiana: In the race for the circuit court judge for Adams County, incumbent Frederick A. Schurger was defeated by challenger Chad E. Kukelhan. Schurger, a Democrat, was the only incumbent Democrat to be defeated by a Republican challenger in the state, despite Indiana's conservative bent. The race was close, with Schurger earning 47.6% of the vote to Kukelhan's 52.4%.

Schurger has served on the court since 1999, appointed after the retirement of Lorren Caffee. Prior to serving on the court, Schurgur worked in private practice, while Kukelhan worked in a variety of public and private positions, including as public defender in both Marion and Adams counties.

MARYLAND: Incumbents cruise to victory

Maryland: Maryland's judicial elections were amazingly uncompetitive in 2012, as was also the case in 2010. In all, there were 33 candidates, 27 of which were for the trial courts and would have been able to face opposition (appellate court justices in the state face retention, so are always unopposed).

Only one race in the state faced opposition: the St. Mary's County seat on the Maryland Seventh Circuit Court. This race was between incumbent David Wylie Densford and challenger Joseph Michael Stanalonis. Densford earned 52% of the vote to Stanalonis' 47.8%. With Densford's re-election, all incumbents were successful in their bids for election. Despite the lack of competitiveness overall in the elections this year, over half of the judges are relatively new to the court, being selected by governor Martin O'Malley in the last two years.

MINNESOTA: Big win in the Fourth District

Minnesota: In an overwhelming victory, Elizabeth V. Cutter upset Steven E. Antolak to win a seat on the Fourth Judicial District. She received 68.51% of the vote to Mr. Antolak's 30.72%. Interestingly, Cutter won the primary by 20%. Perhaps, then, it is no real surprise that Cutter won so convincingly on November 6. She will take office in January 2013.

MISSISSIPPI: Haley appointee ousted from court

Mississippi: Ceola James beat incumbent Ermea Russell for a seat on the Mississippi Court of Appeals in what may be a voter statement of discontent. James won convincingly with 63% of the vote. Russell, who was originally appointed to the seat by Gov. Haley Barbour in May 2011, received just 37% of the vote. James will take office in January 2013.

MONTANA: Winner of 12-way race accused of illegal campaigning

Montana: Last week, JoAnn Jayne was declared the winner of a bizarre 12-way race for the Lake County Justice Court, but there have been allegations saying she engaged in illegal campaigning. Jayne has denied these accusations, saying that they “border on defamation” and that it was an attempt to “discredit the new justice of the peace.”

Prosecutor Laurence Ginnings also said that he has seen no concrete evidence to support such allegations.

“

I’ve heard rumors, but I’ve seen no papers from the state, from the police – I have not seen anything pertinent to an investigation. If we were going to pursue it, someone would have to commence an investigation and give me some facts. - Prosecutor Laurence Ginnings

”

At this point there has been no formal investigation into the matter.

The 12-way race

Though Jayne received the majority of the vote with 18%, three others came close. The closest was Polson police officer Rick Schoening, who garnered 17% of the vote, only 149 votes behind Jayne. In third place there was former Lake County sheriff’s detective Steven Robert Kendley, who received 13% of the vote. In fourth we had the former Lake County Justice of the Peace Sharon Richardson who took 11% of the vote, failing to reclaim the seat she lost to Chuck Wall in 2002. To see how the other candidates fared, see: Lake County Justice Court - 2012 Election Results

Justice of the Peace-elect JoAnn Jayne will serve on the court for the last two years of former Justice of the Peace Chuck Wall’s third term. Chuck Wall resigned earlier this year following the settlement of sexual harassment lawsuits filed against him by two court staff member.

NEVADA: Crowded race for Eight District judgeship

Nevada: The race for the Department 4 position on Nevada's Eighth Judicial District Court was remarkable for the sheer number of candidates competing for the position: in addition to incumbent Kerry Earley, eight challengers took part in the race. Those challengers earned results ranging from 4.81% of the vote (for Troy E. Peyton) to 15.3% of the vote (earned by second-place finisher Chris Lee). In the end, incumbent Judge Earley was the victor, pulling in just under 20% of the vote.

NEW MEXICO: Three incumbents ousted in New Mexico's Third Judicial District

New Mexico: Last week's general election did not bode well for some of Dona Ana County's Third District judges. All three of the district's incumbent candidates were defeated in the November 6th general election. In Division 2, Judge Susan M. Riedel was ousted by Marci E. Beyer; in Division 3, Judge Nelson J. Goodin was defeated by Darren Murray Kugler; and in Division 4, Judge Jacinto Palomino was bested by Mary W. Rosner.

The three defeated judges were appointed by Governor Susana Martinez over the past two years.

Judge Douglas R. Driggers anticipates that there could be minor delays in the transition, but remained optimistic saying there should "be little if any disruption." Judge-elect Mary W. Rosner also expressed that she and fellow judge-elects would be able to work together once in the courtroom.

“

We are colleagues. We trust each other. We are friends... we are at the beginning, starting our work as judges in an atmosphere of collegiality and trust. - Judge-elect Mary W. Rosner

”

The newly elected judges, Beyer, Kugler, and Rosner, will begin their terms on the Third Judicial District Court in the first week of January 2013.

NEW YORK: 3 votes separate candidates in two races

New York: Candidates competing for the New York Town and Village Courts do not receive particularly high vote totals, since their jurisdiction is limited by a small area. In this year's election, the East Rochester Town Court race in Monroe County and the Olean Town Court in Cattaraugus County may have the distinction of being the closest races yet.

In Monroe County, Dennis J. Greco has 1,196 votes, while David P. Bonacchi has 1,193. In Cattaraugus County, Sherry L. Lemon has 392 votes, while Thomas G. Churakos, Sr. has 389. That's a difference of just three votes! We have labeled these races as too close to call, and will have to wait for the official canvass of votes 15 days after the election to learn the results.

NORTH CAROLINA: Dillon defeats incumbent for Court of Appeals seat

North Carolina: Voters shook up the North Carolina Court of Appeals this year by electing Chris Dillon over incumbent Judge Cressie Thigpen. With approximately 53% of the vote, the Raleigh-based lawyer won an eight-year term on November 6, 2012.

This wasn't Dillon's first attempt at an appellate judgeship. He ran for a position on the same court in 2010, but was unsuccessful. This year, as a former executive for a community bank, he argued that he would bring a small-business perspective to the court.

Thigpen has served on the court since 2010 and has been appointed twice. He was hoping to win a full term this year.

Though North Carolina races are technically nonpartisan, Dillon's victory is considered a Republican win. Thigpen and his fellow incumbents Linda McGee and Wanda Bryant are all known Democrats while Dillon and the other challengers were supported by Republicans.

See also

• Judgepedia's Election Central