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{{ElectionBrief2014
|Title=Retention tension, a supreme court candidate on trial, and an election decided by coin toss
|Month=June
|Date=19
|Intro=
As the year goes on, the election drama builds. This week, we're looking ahead to the last round of June primaries, which will be held on June 24, as well as into some very interesting developments from around the country. Here are some highlights:
* Heads or tails? A Texas race was decided by coin toss
* High stakes in the upcoming Maryland primary
* More retention tension in Tennessee
* A Minnesota supreme court candidate is going to trial right before the election--as a defendant
* Plus, election previews from Oklahoma and Florida
|State list override=Texas, Maryland, Minnesota, Tennessee, Oklahoma, Florida
|Important dates=
'''Primary elections:'''
* 6/24: [[Maryland judicial elections, 2014|Maryland]] and [[Oklahoma judicial elections, 2014|Oklahoma]]
'''Primary runoff election:'''
* 6/24: [[South Carolina judicial elections, 2014|South Carolina]]
'''Filing deadlines:'''
* 6/24: [[New Mexico judicial elections, 2014|New Mexico]] (judges filing for retention)
|Headline1=Texas justice of the peace race resorts to coin toss
|State1=Texas
|Story1=
When none of the 5 candidates competing for the [[Llano County, Texas|Llano County Justice of the Peace Court]] in [[Texas]] won the March 4 primary, it was assumed that a winner would emerge from the May 27 runoff election. But an exact tie between runoff candidates [[Steve Lange]] and [[Linda Ballard]] left elections officials with a very rare last resort: a coin toss.<ref name=riv/><ref name=highl>[http://www.highlandernews.com/ballard-wins-coin-toss/ ''The Highlander'', "Ballard wins coin toss," June 12, 2014]</ref>
[[Republican|Republicans]] Ballard and Lange each received exactly 371 votes on May 27, a tally that was verified by a mandatory recount. To determine the winner in this rare situation, Republican Chair Jim Simmons was directed by Texas law to officiate a "casting of lots."<ref name=riv/><ref name=highl/>
The candidates headed over to the courthouse gazebo, where Simmons flipped a Lincoln dollar. Lange, listed first on the ballot, called tails—but the coin came up heads in Ballard's favor. Ballard, the incumbent justice, will retain her seat after the fall general election since no [[Democratic]] candidate has filed to run against her.<ref name=riv>[http://www.dailytrib.com/2014/06/12/ballard-keeps-llano-justice-peace-seat-coin-toss/ ''River Cities Daily Tribune'', "Ballard keeps Llano justice of peace seat after coin toss," June 12, 2014]</ref>
|Headline2=Maryland to see critical judicial contests in June 24 primary
|State2=Maryland
|Story2=
Early voting has begun in the [[Maryland judicial elections, 2014|Maryland]] primary, and voters are casting their ballots leading up to the June 24 primary election.<ref>[http://somd.com/news/headlines/2014/18277.shtml ''Southern Maryland Online.com'', "Independent Voters Shut Out of Md. Primaries," June 12, 2014]</ref> With contested judicial elections occurring in seven counties and the [[Baltimore City, Maryland|City of Baltimore]], [[Republican]] and [[Democratic]] voters throughout the state will have an important role in the makeup of their courts.<ref name=fred>[http://www.fredericknewspost.com/news/crime_and_justice/courts/critical-vote-ahead-in-judge-s-election/article_a1bffcb5-0702-55bf-b1d7-25e254dd47f6.html?mode=print ''Frederick News-Post.com'', "Critical vote ahead in judge's election," June 18, 2014]</ref>
In [[Washington County, Maryland|Washington County]], [[Republican]] voters will determine which three candidates will face Democrats [[Linda Davis (Maryland)|Linda Davis]] and [[Eileen W. Wiggins]] in the general election for judges of the [[Orphans Court of Washington County, Maryland|Orphans Court of Washington County]]. [[Cassandra Laverne Costley]], [[Paul Cox]], and [[Joseph W. Eichelberger]] are challenging incumbents [[Robert Adair]], [[Frank E. Novinger]], and current chief judge [[John M. Shriver]]. Unaffiliated candidate Paul Christian Sullivan will also appear on the general election ballot in the fall if he gathers the required signatures. All three seats on the court are up for grabs.<ref>[http://www.heraldmailmedia.com/news/local/judge-of-orphans-court-race-to-be-narrowed-through-primary/article_e0323cc9-7598-5e96-818a-ec18c362ed05.html ''Herald Mail Media'', "Orphans' court seats to be contested in primary," June 16, 2014]</ref>
In the race for [[Frederick County, Maryland|Frederick County]] circuit court judge, incumbent [[Danny Brian O'Connor]] is facing former State’s Attorney [[Scott Rolle]]. Due to the structure of [[Maryland judicial elections]], the June 24 primary may be the end of the race. Because both candidates will appear on both the [[Democratic]] and [[Republican]] primary ballots, if one of them wins both primaries he will be the only name on the November ballot. If they each win one of the party primaries, however, both names will appear on the general election ballot.<ref name=fred/>
In the race for [[Queen Anne's County, Maryland|Queen Anne's County]] judge of the Orphan’s Court, [[Republican]] voters will narrow the primary field of seven Republican candidates down to three for the November general elections. Candidates include business owner [[Kim Calvert]], security firm president [[Barry Donadio]], former Orphan’s Court Judge [[Penelope Keating]], farmer and realtor [[Richard "Dick" Smith]], physician and professor [[Eric Wargotz]], and incumbent judges [[Kimberly Jean Cascia]] and [[Joseph V. DiPietro]].<ref>[http://www.myeasternshoremd.com/news/queen_annes_county/article_cfe7a4e5-bdc8-52a0-a815-106d51171ad6.html?mode=print ''My Eastern Shore MD'', "Seven Republicans run for Judge of Orphans' Court," June 11, 2014]</ref>
In [[Baltimore City, Maryland|Baltimore]], former city prosecutor [[Page Croyder]] is running for a seat on the [[Maryland Eighth Circuit|Maryland Circuit Court]]. Though she claims to be targeting Judge [[Alfred Nance]] specifically due to his “lack of decorum on the bench” and “poor treatment of women,” Croyder will effectively be running against all seven sitting judges, as both [[Republican]] and [[Democratic]] primary ballots will list all eight candidates alphabetically, and the top seven vote-getters will appear on the general election ballot.<ref name=baltimore/> Candidates include Croyder and sitting judges Nance, [[Melissa K. Copeland]], [[Jeffrey M. Geller]], [[Philip Senan Jackson]], [[Christopher L. Panos]], [[Melissa Marie Phinn]], and [[Julie Rebecca Rubin]].<ref name=baltimore>[http://articles.baltimoresun.com/2014-06-14/news/bs-md-ci-judge-elections-20140614_1_sitting-judges-former-city-prosecutor-page-croyder ''The Baltimore Sun'', "Ex-prosecutor hopes to knock city judge off bench," June 14, 2014]</ref>
|Headline3=Minnesota GOP was unaware of supreme court endorsee's DWI arrest
|State3=Minnesota
|Story3=
While [[Minnesota]] judicial candidates run in non-partisan races, that does not prevent parties from endorsing candidates. Minnesota's [[Republican]] party is enduring the downside of choosing to do so. Family law attorney [[Michelle L. MacDonald]], running against incumbent [[Minnesota Supreme Court|Supreme Court]] Justice [[David Lillehaug]], will be going to trial on September 15--as a defendant. In 2013, MacDonald was arrested and charged with a DWI and resisting arrest. Her trial happens to be timed with the general election, in which she and Lillehaug will appear on statewide ballots on November 4.<ref name=dwi>[http://www.startribune.com/politics/statelocal/262947921.html ''StarTribune'', "Supreme Court endorsee's pending DWI case surprises the GOP," June 13, 2014]</ref>
Party Chairman '''Keith Downey''' said that her arrest was news to him and that the party's Judicial Election Committee's nomination came "at the last minute."<ref name=dwi/> A ''Star Tribune'' reporter told him the news two weeks after the endorsement. According to Downey: {{quote|None of us, including the convention delegates, were aware of this information about the candidate. She, of course, is innocent until proven guilty, but at the same time, the delegates did not have the full disclosure they should have.|author=Keith Downey|source=<ref name=dwi/>}}
MacDonald said that the committee had known about her case and that she received overwhelming support when she explained herself. MacDonald, who has no prior criminal record, claims innocence, saying that she had not been drinking the night of her arrest. According to a police report, she declined to take a field sobriety test or other tests to determine her blood-alcohol level.<ref name=dwi/>
Court documents report that she was pulled over for speeding last April, and that the arresting Rosemount officer noted "a slight odor" of alcohol.<ref name=dwi/> MacDonald then refused the sobriety tests and told the officer she had not been drinking, that she was a "reserve cop" and a lawyer, and that she would walk home. Allegedly, she physically resisted the officer's attempts to pull her out of her vehicle and arrest her.<ref name=dwi/>
When police took MacDonald to the Rosemount station, she shook her head when asked if she understood the "implied consent" statute requiring suspected drunken drivers to submit to testing. Officers gave her 34 minutes to contact a lawyer upon her request, but she could not contact one. When officers asked her to submit to a breath test, she did not answer directly but asked to see a judge.<ref name=dwi/>
State law requires that blood tests be conducted within two hours of arrest. The city added a charge of third-degree test refusal to the initial charges.
MacDonald says she took a blood test at a hospital the morning after the arrest and the results came back clean.<ref name=dwi/>
MacDonald's trial will take place in [[Dakota County, Minnesota|Dakota County]]. Because she has previously filed three complaints against judges in the county and sued one on behalf of a client, MacDonald believes her arrest and the charges against her are retaliation.<ref name=dwi/>
She said: {{quote|When I was being interviewed [by committee members] they were saying this is a good thing because I’ve experienced what people are experiencing on a daily basis. I just never thought this would happen and I’m sucked into a system. Why am I even having to bother with a case where I’ve had zero alcohol, and why am I being asked to go to a trial where they cannot prove anything beyond a reasonable doubt?|author=Michelle MacDonald|source=<ref name=dwi/>}}
The state GOP did not comment on whether or not it would drop its endorsement of MacDonald because of the arrest.<ref name=dwi/>
|Headline4=Complaint filed against Tennessee justices for campaigning for each other
|State4=Tennessee
|Story4=
[[File:GaryWade.jpg|100px|right|thumb|Chief Justice Gary Wade]]
[[File:CorneliaClark.jpg|100px|right|thumb|Justice Cornelia Clark]]
[[File:SharonLee.jpg|100px|right|thumb|Justice Sharon Lee]]
This year's retention elections in Tennessee have been especially dramatic. In the ongoing partisan battle regarding the retention of three [[Tennessee Supreme Court|supreme court]] justices, a new development has emerged. '''George Scoville,''' a writer for the conservative blog ''[http://www.unitedliberty.org/ United Liberty],'' filed a complaint with the Board of Judicial Conduct on June 16, 2014 that accuses the justices of violating the Code of Conduct by campaigning for each another, among other things.<ref>[http://www.unitedliberty.org/articles/17950-exclusive-scoville-complaints-tennessee-supreme-court-justices-board-of-judicial-conduct ''United Liberty,'' "A United Liberty contributor alleges that three Tennessee Supreme Court justices, who all face statewide retention elections this summer, have violated state resource use laws...," June 17, 2014]</ref>
The justices in question are [[Cornelia Clark]], [[Sharon Lee]] and [[Gary R. Wade]]. A conservative effort to unseat these Democratically appointed justices has been led by Lt. Governor {{BP|Ron Ramsey}}. The justices have responded by raising money and campaigning to keep their jobs.
Specifically, Scoville's complaint argues that:
* The justices' use, on their campaign materials, of photographs of the court building and themselves at work is in violation of the rule which prohibits the "use court staff, facilities, or other court resources in a campaign for judicial office."<ref name=tncode/>
* The use of the court chambers for an interview with ''NewsChannel5'' about the justices' fight to be retained is also in violation of the same rule.
* The organization [http://keeptncourtsfair.com/ Keep Tennessee's Supreme Court Fair], which is funded by the justices' campaign committees, is an "unauthorized political organization."<ref name=complaint/> Thus, the justices' actions regarding that group--speaking on its behalf, publicly endorsing each other through it, using their campaign resources to fund it and accepting donations through it--are in violation of Rule 4.1(A)(2),(3),(4), and (8) ''(see below for the text of those rules)''.
* Because the organization mentioned above is organized by Democrats, the justices' participation in it violates a rule that justices should be free from political influence.<ref name=complaint>[http://www.scribd.com/doc/230013694/Scoville-Complaint-against-Tennessee-Supreme-Court-Chief-Justice-Gary-Wade-and-Justices-Cornelia-Clark-and-Sharon-Lee-under-Code-of-Judicial-Conduct ''Scribd,'' "Scoville Complaint against Tennessee Supreme Court Chief Justice Gary Wade and Justices Cornelia Clark and Sharon Lee under Code of Judicial Conduct," June 16, 2014]</ref>
The complaint primarily highlights Canon 4, Rule 4.1 of the state's Code of Judicial Conduct. That rule is included below:<ref name=tncode>http://www.tncourts.gov/rules/supreme-court/10#CANON%204 ''TN Courts.gov,'' "Rule 10: Code of Judicial Conduct, Canon 4," accessed June 19, 2014]</ref>
<center><div style="overflow:auto; height:170px; width:75%; -moz-border-radius-topleft:0.5em; border:1px solid #AAAAAA; padding-left:0.5em; background:#ffffff; text-align:left;">
'''Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates in General'''
(A) Except as permitted by law, or by RJCs 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not:
:(1) act as a leader in, or hold an office in, a political organization;
:(2) make speeches on behalf of a political organization;
:(3) publicly endorse or oppose a candidate for any public office;
:(4) solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate for public office;
:(5) [intentionally omitted];
:(6) [intentionally omitted];
:(7) [intentionally omitted];
:(8) personally solicit or accept campaign contributions other than through a campaign committee authorized by RJC 4.4;
:(9) use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others;
:(10) use court staff, facilities, or other court resources in a campaign for judicial office;
:(11) knowingly, or with reckless disregard for the truth, make any false or misleading statement;
:(12) make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; or
:(13) in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.
(B) A judge or judicial candidate shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge or judicial candidate, any activities prohibited under paragraph (A).
</div></center>
On the other side, the Keep Tennessee's Supreme Court Fair website argues: {{quote|This fight isn’t partisan, Democrat vs. Republican — it’s about keeping politics out of our courts completely...We must vote to retain our judges based on their proven records of honoring the Tennessee State Constitution and our protected rights.|author=Keep Tennessee Courts Fair|source=<ref>[http://keeptncourtsfair.com/page/about ''Keep Tennessee Courts Fair,'' "About," accessed June 19, 2014]</ref>}}
|Headline5=Five judicial races in Oklahoma primary next week
|State5=Oklahoma
|Story5=
The [[Oklahoma District Courts]] hold [[non-partisan elections]] to choose judges, and the primary is right around the corner--Tuesday, June 24. Only races with more than two candidates will appear on the primary election ballot. This year, there are five of those races. If one candidate receives over 50% of total votes, they will be automatically elected without needing to run in the general election. Otherwise, the two candidates who receive the most votes will go up against each other in November alongside all of the other races with only two candidates.<ref>See [[Oklahoma judicial elections]]</ref>
In [[Oklahoma District 4|District 4]], there is a three-way race for the spot held by Judge [[Ray Dean Linder]], who did not seek re-election. The candidates are [[Mike Stake]], [[Jeremy Bays]], and [[Justin P. Eilers]]. District 4 contains contains [[Alfalfa County, Oklahoma|Alfalfa]], [[Blaine County, Oklahoma|Blaine]], [[Dewey County, Oklahoma|Dewey]], [[Garfield County, Oklahoma|Garfield]], [[Grant County, Oklahoma|Grant]], [[Kingfisher County, Oklahoma|Kingfisher]], [[Major County, Oklahoma|Major]], [[Woods County, Oklahoma|Woods]], and [[Woodward County, Oklahoma|Woodward]] Counties.
[[Oklahoma District 14|District 14]], which consists of [[Tulsa County, Oklahoma|Tulsa]] and [[Pawnee County, Oklahoma|Pawnee Counties]], will have two races in the primary. [[David C. Phillips]], [[Tanya N. Wilson]], [[Marijo Copeland]], and [[Sharon Holmes]] are running for Office 2. [[Kurt Glassco]], who has held the Office 14 judgeship since 2009, has three opponents. They are [[Jill Webb]], [[Jon R. Patton]], and [[Michael Jordan Fairchild]].
There are four candidates running for the [[Carter County, Oklahoma|Carter County]] associate judge position in [[Oklahoma District 20|District 20]]. They are [[Bob Pinkerton]], [[Tim Burson]], [[Brett Morton]], and [[Thomas K. Baldwin]]. Baldwin is currently a special district court judge in Carter County. Morton works in private practice, Burson is an assistant district attorney, and Pinkerton is a city attorney and in private practice.
Lastly, in [[Oklahoma District 22|District 22]], [[Preston Draper]], [[Heather Hammond Wright]], and [[Lori Jackson]] will compete to be the [[Pontotoc County, Oklahoma|Pontotoc County]] associate judge.
|Headline6=The battle for Florida's 16th Judicial Circuit Court
|State6=Florida
|Story6=
Two challengers will face off in the August 26 primary against incumbent [[Tegan Slaton]] in the race for Florida's [[Florida Sixteenth Circuit Court|16th Judicial Circuit Court]]. [[Jack Bridges]] and [[Bonnie J. Helms]] are both running against Slaton in hopes of taking his seat on the bench.
Bridges, a resident of Upper Keys, currently serves as a board member for the Mosquito Control District. He was elected to serve as the Mosquito Control Commissioner for Monroe County in 2010. He became an attorney in 1999, and in 2012 he was appointed to the position of circuit civil magistrate.<ref name=bridges>[http://keysnews.com/node/52692 ''Keys News'', "Bridges to run for judge seat," January 3, 2014]</ref><ref name=bridges2>[http://judgepedia.org/Jack_Bridges ''Judgepedia.org'', "Jack Bridges," accessed June 18, 2014]</ref>
Helms has lived in the Florida Keys for 20 years. Her judicial career has focused on family law and mediation. In 1994, she started her own law firm, and one year later she was certified as a circuit civil mediator. In 2008, Helms became a supreme court certified family law mediator. According to her [http://www.bonnieforjudge.com/about-bonnie.html campaign website], she has been actively involved in Big Brothers/Big Sisters, the Women’s Club of Key West, and the Zonta Club of Key West.<ref name=helms>[https://www.facebook.com/BonnieforJudge/info ''Facebook.com'' "Bonnie J. Helms, Committee to Elect," accessed June 18, 2014]</ref>
Slaton was first elected to the bench on November 4, 2008. His prior experience includes serving as an assistant public defender and as an attorney in private practice. A member of the Florida Bar, he has been practicing law for 23 years.<ref name=slaton>[http://teganslaton2014.com/experience/ ''Re-elect Judge Tegan Slaton'', "Experience," accessed June 18, 2014]</ref>
On June 12, Slaton fell asleep during a hearing, which he claims to have been caused by the interaction of a new prescription he received for Ambien and another medication prescribed for gastrointestinal issues.<ref name=slaton2>[http://www.keysnet.com/2014/06/18/497380/keys-judge-falls-asleep-on-the.html ''Keys Info Net'', "Keys judge falls asleep on the bench in the middle of a trial, blames Ambien," June 18, 2014]</ref> Slaton had taken the drug the two nights prior to the trial. Recounting the hearing, Slaton stated in the ''Keys Info Net'' that, "about five or 10 minutes into it, I started losing it, hallucinating again."<ref name=slaton2/> Slaton was relieved for the rest of the day by County Judge [[Wayne Miller]].
Preferring sleep deprivation to the side effects of Ambien, Slaton decided to stop taking the prescription. In response to the question of whether voters in the upcoming election should consider his health in their decision, Slaton replied, "No one is guaranteed a sunset. Talk to people who know me -- any attorney, any law enforcement agent, any of your county commissioners, any of your Mosquito Control commissioners... The Ambien issue is never going to happen again."<ref name=slaton2/>
<table width="100%" align="center"><tr>
<td>[[File:TeganSlaton.jpg|140px|center|thumb|Judge Tegan Slaton]]</td>
<td>[[File:JackBridges.jpeg|100px|center|thumb|Jack Bridges]]</td>
<td>[[File:BonnieHelms.jpg|90px|center|thumb|Bonnie Helms]]</td>
</tr></table>
|Headline7=One-third of Florida appeals court judges up for retention in November
|State7=Florida
|Story7=
In accordance with Florida law, justices on the [[Florida Supreme Court|supreme court]] and judges serving on the state [[Florida District Courts of Appeal|courts of appeal]] must run in non-partisan [[retention elections]] every six years. This gives voters the opportunity to choose to allow the judge to serve another term, by voting yes, or to say they believe a judge should no longer serve on the court, by voting no. Judges up for retention will appear on the November 2014 general election ballot. There are no supreme court justices up for retention in 2014. However, one-third of the state's intermediate appellate court judges will appear on the ballot.<ref>[http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E70ADC4187DD85B485257CD0006CCF9B/$FILE/VoterInfoBrochure%202014.pdf?OpenElement ''Florida Bar Association'', "Guide for Florida Voters," accessed June 16, 2014]</ref>
Voters will be asked to vote on whether to retain the following appellate court judges in the 2014 general election:
<table><tr><td valign="top">
::*[[Robert Benton]], [[Florida First District Court of Appeal|1st District]]
::*[[Joseph Lewis]], [[Florida First District Court of Appeal|1st District]]
::*[[Scott D. Makar]], [[Florida First District Court of Appeal|1st District]]
::*[[Timothy D. Osterhaus]], [[Florida First District Court of Appeal|1st District]]
::*[[L. Clayton Roberts]], [[Florida First District Court of Appeal|1st District]]
::*[[Chris Altenbernd]], [[Florida Second District Court of Appeal|2nd District]]
::*[[Morris Silberman]], [[Florida Second District Court of Appeal|2nd District]]
::*[[Daniel H. Sleet]], [[Florida Second District Court of Appeal|2nd District]]
::*[[Barbara Lagoa]], [[Florida Third District Court of Appeal|3rd District]]
::*[[Thomas W. Logue]], [[Florida Third District Court of Appeal|3rd District]]
::*[[Vance Salter]], [[Florida Third District Court of Appeal|3rd District]]
</td><td valign="top">
::*[[Alan O. Forst]], [[Florida Fourth District Court of Appeal|4th District]]
::*[[Mark W. Klingensmith]], [[Florida Fourth District Court of Appeal|4th District]]
::*[[W. Matthew Stevenson]], [[Florida Fourth District Court of Appeal|4th District]]
::*[[Martha Warner]], [[Florida Fourth District Court of Appeal|4th District]]
::*[[Wendy W. Berger]], [[Florida Fifth District Court of Appeal|5th District]]
::*[[Martha Warner]], [[Florida Fifth District Court of Appeal|5th District]]
::*[[Kerry Evander]], [[Florida Fifth District Court of Appeal|5th District]]
::*[[C. Alan Lawson]], [[Florida Fifth District Court of Appeal|5th District]]
::*[[Richard Orfinger]], [[Florida Fifth District Court of Appeal|5th District]]
::*[[William D. Palmer]], [[Florida Fifth District Court of Appeal|5th District]]
::*[[Thomas Sawaya]], [[Florida Fifth District Court of Appeal|5th District]]
::*[[Frederic Rand Wallis]], [[Florida Fifth District Court of Appeal|5th District]]
</td></tr></table>
}}