TagState courts

Five Oklahoma justices serving on courts of last resort face retention elections

By Luke Seeley
In State
April 16, 2020 at 10:21 AM

Oklahoma is one of two states with two courts of last resort. The Oklahoma Supreme Court is the court of last resort in the state for civil matters while the Oklahoma Court of Criminal Appeals is the court of last resort for criminal matters.

The Oklahoma Supreme Court is composed of nine justices serving six-year terms who are appointed by the governor and then must face retention elections thereafter. Retention elections take place during Oklahoma’s general elections, which are held every two years in even-numbered years.

Four justices on the Oklahoma Supreme Court are up for retention election on November 3, 2020:

1. Tom Colbert
2. Richard Darby
3. M. John Kane IV
4. Dustin Rowe

Heading into the 2020 election, Republican governors have appointed four justices to the Oklahoma Supreme Court while Democratic governors have appointed five.

The Oklahoma Court of Criminal Appeals is composed of five judges serving six-year terms who are appointed by the governor and then must face retention elections thereafter.

Justice Gary Lumpkin on the Oklahoma Court of Criminal Appeals is up for retention election on November 3, 2020.

Heading into the 2020 election, Republican governors have appointed four justices to the Oklahoma Court of Criminal Appeals while Democratic governors have appointed one.

Additional Reading:
Oklahoma elections, 2020
Oklahoma Supreme Court
Oklahoma Court of Criminal Appeals
Court of last resort
Oklahoma Judicial Nominating Commission



Jill Karofsky defeats incumbent Daniel Kelly in Wisconsin State Supreme Court election

By Douglas Kronaizl
In State
April 15, 2020 at 4:15 AM

Jill Karofsky defeated Daniel Kelly in the general election for a ten-year term on the Wisconsin Supreme Court. As of 7:35 p.m. on April 13, Karofsky had received 53.2% of the vote to Kelly’s 46.8% with 73% of precincts reporting.

Although the race was officially nonpartisan, Kelly is a member of the court’s conservative majority, received support from conservative groups, and was endorsed by President Donald Trump (R). Karofsky said she would join the court’s liberal minority, received support from liberal groups, and was endorsed by former Vice President Joe Biden (D).

The election determined the size of the court’s conservative majority. A win for Karofsky reduces the conservative majority to 4-3, meaning that the next regularly scheduled election in 2023 will decide control of the court. A Kelly win would have preserved the court’s 5-2 conservative majority. Assuming no justices leave the bench before their terms expire, a Kelly win would have prevented a liberal majority from forming on the court until 2026 at the earliest.

To learn more about the impact of coronavirus on this race, click here.

Additional reading:


Delaware extends state court closure through May 14

By Stephanie MacGillivary
In State
April 14, 2020 at 4:48 PM

On April 13, 2020, Delaware Chief Judge Collins Seitz Jr. extended court closures in the state through May 14, except for Delaware’s three Justice of the Peace courts. The three 24-hour courts will remain open to accept bail payments for all courts and Justice of the Peace Court emergency criminal and civil filings.

Ballotpedia is tracking how state courts are responding to the coronavirus pandemic.

Other recent updates include:
• New York – The New York Supreme Court expanded the use of virtual court proceedings beyond essential and emergency matters, which will allow courts to hear pending matters. New nonessential fillings are prohibited.



Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic

By Stephanie MacGillivary
In Local, State
April 13, 2020 at 2:06 PM

State and local governments have implemented a range of policies affecting evictions and foreclosures in response to the coronavirus pandemic.

Some governors have issued executive orders affecting evictions and foreclosures.  Illinois Gov. J.B. Pritzker (D) and Michigan Governor Gretchen Whitmer (D), for example, issued executive orders suspending evictions and foreclosures for a set period of time.  Alaska Gov. Mike Dunleavy (R) issued an executive order suspending evictions for those who receive assistance from the state’s Alaska Housing Finance Corporation.

Judicial branch changes also affect evictions and foreclosures. The Rhode Island State Judiciary issued an order closing all courts to non-emergency matters through May 17. Eviction proceedings were included in the order, and the court precluded new filings or hearings from being heard until May 17. California’s Judicial Council temporarily suspended evictions and foreclosures statewide for 90 days until after the state of emergency ended, however, the order did not prohibit landlords from starting an eviction. Several courts have suspended in-person proceedings entirely, which includes eviction cases.

Some local governments have implemented policies at the local level. In Georgia, Atlanta Mayor Keisha Bottoms temporarily suspended evictions and filings for 60 days.  Los Angeles Mayor Eric Garcetti (D) issued an executive order that prohibited landlords from evicting residential tenants in the City of Los Angeles during the local emergency if the resident was able to demonstrate their inability to pay due to impact from the coronavirus.


Wisconsin’s absentee ballot rejection rate averaged 1.14% for spring elections since 2012

By David Luchs
In State
April 13, 2020 at 1:45 PM

Wisconsin voters went to the polls April 7 for the state’s annual spring election. This year, in addition to presidential primaries, a seat on the state Supreme Court and a ballot measure proposing an expansion of rights for victims of crime were on the ballot. Due to the coronavirus pandemic, the deadline for voters to return absentee ballots was extended from April 7 to April 13. Reporting of results was also delayed to that date.

Voters requested 1.29 million absentee ballots, the most requests since at least 2012. Between 2012 and 2019, an average of 118,445 absentee ballots were sent out in each Wisconsin spring election. The year where the most ballots were sent was 2016 with 247,052. The year with the least was 2014 with 67,917. An average of 82% of ballots were received in time to be counted, ranging from 92.22% in 2016 to 74.10% in 2019.

Each year, less than 2% of absentee ballots were rejected. The year with the most rejections was 2016 with 1,629, while the year with the greatest percentage of rejections was 2012 with 1.81%. Across all eight spring elections, an average of 1.14% of those ballots completed on time were rejected.

For an absentee ballot to be valid, Wisconsin law requires that the voter sign a certificate enclosed in the ballot envelope. A witness must be present for completion of the ballot and is also required to provide their signature. A ballot which does not meet these requirements may be rejected. A ballot is not considered to have been rejected if it was not delivered to the voter on time or if it was not returned on time. An absentee ballot is considered to have been cancelled rather than rejected if a voter is ruled ineligible or votes in-person.



Rhode Island closes courts to non-emergency matters through May 17

By Stephanie MacGillivary
In State
April 9, 2020 at 3:58 PM

On April 8, 2020, the Rhode Island state judiciary ordered that all courts would close to non-emergency matters through May 17, due to the on-going coronavirus pandemic. The order also extends to eviction proceedings, and precludes new filings or hearings from being heard before May 17.

Ballotpedia is tracking how state courts are responding to the coronavirus pandemic.

To date:
Thirty-four states have suspended in-person court proceedings statewide.
Sixteen states have suspended in-person court proceedings on the local level.

Additional Reading:
State court closures in response to the coronavirus (COVID-19) pandemic, 2020



Alaska Supreme Court Justice Craig Stowers announces early retirement, anticipates wave of mandatory retirements

By Samuel Postell
In State
April 8, 2020 at 2:58 PM

Thirty-two states have constitutionally mandated retirement ages for state supreme court justices. Twenty of those states mandate retirement at 70 years of age. Alaska is one of them, and four of the five justices on the Alaska Supreme Court will be required to retire between February 2023 and February 2025.

Regarding the upcoming turnover of the Alaska Supreme Court, Justice Craig Stowers declared that he will retire on June 1, 2020. He said that “a turnover of this magnitude would cause great disruption in the Court’s ability to accomplish all that it is charged to do.” He said that such turnover “would be devastating for the court, the Alaska court system, and ultimately the people of Alaska.”

Justice Daniel Winfree will face mandatory retirement in 2023. Justices Peter Maassen and Joel Bolger will face mandatory retirement in 2025.

Alaska uses the Assisted Appointment method to fill vacancies on the Supreme Court. The Alaska Judicial Council receives applications to fill the vacancy and may choose two or more of those applicants to suggest to the governor for nomination. The Alaska Judicial Council is composed of three lawyer members appointed by the governor and approved by the state legislature, three non-lawyer members appointed by the state Bar Association, and the chief justice of the Alaska Supreme Court who acts as ex officio chair of the council.

New justices serve an initial term of at least three years, after which the justice must stand for retention in an uncontested yes-no election to remain on the bench. The Alaska Judicial Council publishes judicial performance reviews for retention elections and may recommend that any justice or judge either be retained or not be retained.

Eight individuals applied to fill the position:

• Dario Borghesan: A chief assistant attorney general in Anchorage, Alaska. Borghesan graduated from the University of Michigan Law School in 2008.
• Judge Dani Crosby: A superior court judge in Anchorage. Crosby graduated from Gonzaga University School of Law in 1996.
• Attorney Kate Demarest: A senior assistant attorney general in Anchorage. She graduated from the University of Minnesota Law School in 2008.
• Judge Jennifer Stuart Henderson: A superior court judge in Anchorage. She graduated from Yale Law School in 2001.
• Judge Yvonne Lamoureux: A superior court judge in Anchorage. She graduated from the University of Virginia School of Law in 2003.
• Attorney Margaret Paton Walsh: A chief assistant attorney general in Anchorage. She graduated from Harvard Law School in 2004.
• Judge Paul A. Roetman: A superior court judge in Kotzebue, Alaska. He graduated from Regent University School of Law in 1999.
• Judge Jonathan Woodman: A superior court judge in Palmer, Alaska. He graduated from the Ohio State University College of Law in 1993.

Additional Reading:
Alaska Supreme Court
Craig Stowers



Kemp appoints superior court judge to Georgia Court of Appeals

By Avery Hill
In State
April 8, 2020 at 2:31 PM

Georgia Gov. Brian Kemp (R) appointed Superior Court Judge Verda Colvin to serve on the Georgia Court of Appeals on March 26. Colvin was one of two judges recently appointed to fill vacancies on the appeals court. The other vacancy was created when Carla McMillian was appointed to the Georgia Supreme Court.

Gov. Nathan Deal (R) first appointed Colvin to the Macon Circuit of the 3rd Superior Court District of Georgia on March 24, 2014. Colvin won election to a full term on the bench after running unopposed in the general election on May 24, 2016. Prior to becoming a superior court judge, she was an attorney in the U.S. Attorney’s Office.

Colvin received her undergraduate degree from Sweet Briar College and her J.D. from the University of Georgia. All three of Gov. Kemp’s judicial appointments last week were University of Georgia School of Law alumni.

Additional Reading:
Georgia Court of Appeals
Carla W. McMillian



Wisconsin Supreme Court enjoins governor’s order postponing the election, allowing voting to continue as scheduled April 7

By Jerrick Adams
In State
April 7, 2020 at 7:00 AM

On April 6, 2020, the Wisconsin State Supreme Court voted 4-2 to enjoin an executive order issued earlier in the day by Governor Tony Evers (D) postponing in-person voting in the spring election, scheduled for April 7, 2020, to June 9, 2020. As a result, in-person voting is expected to take place as scheduled on April 7, 2020. Republican lawmakers filed the lawsuit seeking the injunction.

On April 3, Evers had issued an executive order calling on the legislature to convene in a special session to consider postponing the spring election. The legislature convened on April 4 and adjourned without taking action on the governor’s proposal.

Last week, a federal judge issued an order deadline to return an absentee ballot to 4:00 p.m. Central on April 13, and the deadline to request an absentee ballot to April 3. The U.S. Court of Appeals for the Seventh Circuit affirmed these extensions, a decision which Republicans appealed to the United States Supreme Court for an emergency stay. As of 5:30 p.m. Central, the Supreme Court had yet to rule on the matter.


Former State Rep. McCoy appointed as U.S. attorney for South Carolina

By Sarah Doyel
In Federal, State
April 6, 2020 at 11:12 AM

U.S. Attorney General William Barr appointed South Carolina Rep. Peter McCoy (R) as the interim United States attorney for the District of South Carolina on March 30. McCoy resigned from the state House of Representatives that day to be sworn in to the position.

Pres. Donald Trump (R) nominated McCoy to a permanent U.S. attorney position in February, but his appointment has not yet been acted upon by the Senate. Due to the coronavirus pandemic, Barr appointed McCoy as acting U.S. attorney pending his confirmation. The role had been vacant since former U.S. attorney Sherri Lydon accepted a federal judgeship with the United States District Court in South Carolina last year.

As the interim U.S. attorney, McCoy is the chief federal law enforcement officer in South Carolina and the administrative head of the Office of the United States Attorney. Prior to his appointment, he was a partner at law firm McCoy and Stokes and represented District 115 in the South Carolina House of Representatives from 2010 up until his resignation this week.

McCoy’s departure from the legislature creates the only current vacancy in the South Carolina House, which will be filled by special election. South Carolina voters will vote in two primaries in the district on June 9. One is a special primary, the winners of which will advance to a special election to serve the remainder of McCoy’s term. The other is the regularly scheduled primary to select candidates for the general election in November.

Additional reading:
United States Attorney
Sherri Lydon