Tag: State courts
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Massachusetts Supreme Judicial Court justice set to retire in August 2020
Massachusetts Supreme Judicial Court Justice Barbara Lenk is retiring on August 17, 2020. Lenk reached the court’s mandatory retirement age of 70 years old. On April 4, 2011, Governor Patrick nominated Lenk for a seat on the Massachusetts Supreme Judicial Court. She was confirmed by the Governor’s Council on May 4, 2011. Lenk was the…
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Three Arizona Supreme Court justices seek retention in November
Arizona Supreme Court Justices Robert Brutinel, Andrew W. Gould, and John Lopez IV are all standing for retention election on November 3, 2020. Lopez and Gould were both appointed by current Arizona Governor Doug Ducey (R), while Brutinel was appointed by former Governor Jan Brewer (R). Currently, all seven judges on the court were appointed…
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Wisconsin Supreme Court largely upholds constitutionality of extraordinary session legislation, strikes down provisions related to guidance documents
The Wisconsin Supreme Court on July 9 upheld the constitutionality of the majority of the legislation passed by state lawmakers during the 2018 extraordinary legislative session, with the exception of certain provisions concerning guidance documents. The legislation brought major changes to administrative processes, including eliminating judicial deference to state agencies, abolishing sue-and-settle practices, and setting…
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State supreme court justices in retention elections have a 98% win rate since 2008
In retention elections, voters are asked whether an incumbent should remain in office for another term. The incumbent does not face an opponent and is removed from the position if a majority vote against retention. State supreme court justices facing retention elections experienced better chances of being re-elected than their incumbent counterparts in other kinds…
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Virginia Supreme Court rules that Walmart must purchase electricity from Virginia Electric & Power Co.
On July 9, 2020, the Virginia State Supreme Court issued a ruling that affirmed the State Corporation Commission’s denial of Walmart’s petition to seek an alternative energy supplier to the state utility. Justice Arthur Kelsey penned the unanimous opinion of the court. In December 2017 Walmart sought permission to buy its electricity from a non-state…
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Mississippi Supreme Court reaffirms end of state-level Chevron deference; Georgia legislation to end deference to state tax agency fails to pass
The Mississippi Supreme Court on May 28 unanimously held in a tax and gambling case that a state tax statute requiring judicial deference to a state agency’s interpretation of an unclear law—a doctrine known as Chevron deference at the federal level—was unconstitutional because it prohibited the court from exercising its constitutional duty to interpret the…
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Indiana moves administrative law judges to central panel
The state of Indiana on July 1 launched the new Office of Administrative Law Proceedings (OALP) to serve a central hub for the state’s administrative law judges (ALJs) and agency adjudicative proceedings. The Indiana General Assembly passed legislation in 2019 authorizing the creation of the OALP. The new central office transitions ALJs away from direct…
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Hawaii Supreme Court justice Pollack retires
Hawaii Supreme Court Associate Justice Richard W. Pollack retired from the court July 2 after reaching the mandatory retirement age of 70 years old. He served on the court for eight years after being nominated in August 2012. Chief Justice Mark E. Recktenwald said about Pollack, “During his tenure on the Supreme Court, Justice Pollack…
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Alaska Governor Dunleavy appoints first nominee to five-member state supreme court
Gov. Mike Dunleavy (R) appointed Dario Borghesan to the Alaska Supreme Court on July 1, 2020. Borghesan succeeded Justice Craig Stowers, who retired on June 1, 2020. Borghesan is Dunleavy’s first nominee to the five-member supreme court. Under Alaska law, state supreme court justices are appointed by the governor from a list of two or…
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Illinois Supreme Court rules that police misconduct records cannot be destroyed, contrary to collective bargaining agreement
On June 18, 2020, the Illinois Supreme Court ruled 6-1 that the need to keep police misconduct records outweighs a section in the collective bargaining agreement between the city of Chicago and the Fraternal Order of Police (FOP). At issue was Section 8.4 of the collective bargaining agreement, the Local Records Act, and the Freedom…