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University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Court Review: The Journal of the American Judges Association American Judges Association December 2006 Court Review: Volume 42, Issue 3-4 - Complete Issue Follow this and additional works at: https://digitalcommons.unl.edu/ajacourtreview Part of the Jurisprudence Commons "Court Review: Volume 42, Issue 3-4 - Complete Issue " (2006). Court Review: The Journal of the American Judges Association. 13. https://digitalcommons.unl.edu/ajacourtreview/13 This Article is brought to you for free and open access by the American Judges Association at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Court Review: The Journal of the American Judges Association by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Volume 42, Issue 3-4 CourtCourt ReviewReviewFall/Winter 2006 THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION SpecialSpecial Issue:Issue: Judges,Judges, Elections,Elections, Politics & Public Opinion Directory of Officers and Board of Governors, 2005-2006 AMERICAN JUDGES ASSOCIATION PRESIDENT DISTRICT IV DISTRICT XIII Judge Michael Cicconetti Judge Ray Dezern Judge Kenneth Eiesland Painesville Municipal Court Norfolk, Virginia Vancouver, Washington 7 Richmond Street, P.O. Box 601 Judge Brian Jeffcoat Judge Gail Maltby Painesville, OH 44077 Lexington, South Carolina Abbotsford, British Columbia Tel: (440) 392-5875 Judge Jerrauld Jones Fax: (440) 639-4927 Norfolk, Virginia DISTRICT XIV Judge Bert Brown PRESIDENT-ELECT DISTRICT V Las Vegas, Nevada Judge Steve Leben Judge Andy Buster Judge Jay Dilworth Johnson County District Court, Div. 8 Miami, Florida Reno, Nevada 100 N. Kansas Avenue James Oxendine Judge James Van Winkle Olathe, KS 66061 Lawrenceville, Georgia Reno, Nevada Tel: (913) 715-3822 Judge Arthur H. Taylor Fax: (913) 715-4000 Miami Shores, Florida COURT OF APPEALS Judge Bruce Campbell VICE PRESIDENT DISTRICT VI Ewing, New Jersey Judge Eileen Olds Judge Robert E. Burgess Judge Jay D. Dilworth Chesapeake Juv. & Dom. Relations Mansfield, Louisiana Reno, Nevada 301 Albermarle Drive Judge John E. Conery Judge Toni Higginbotham Chesapeake, VA 23322 Franklin, Louisiana Baton Rouge, Louisiana Tel: (757) 382-8100 Judge David Gorbaty Judge Deborah LeBarron Fax: (757) 382-8152 Chalmette, Louisiana Euclid, Ohio Judge John Mutter SECRETARY DISTRICT VII E. Providence, Rhode Island Judge Tam Nomoto Schumann Judge James Heupel Judge Leon Ruben Orange County Superior Court Fredericksburg, Texas Nashville, Tennessee P. O. Box 5000 Judge Sherry Jackson Fullerton, CA 92838 Texarkana, Texas PAST PRESIDENTS Tel: (714) 626-7230 Judge Corinne Mason Judge William H. Burnett, 1960-62* Fax: (714) 773-4574 McKinney, Texas Judge George T. Martin, 1962-63, 1964-65* Judge Claude M. Owens, 1963-64 Judge Samuel M. Chertoff, 1965-66* TREASURER DISTRICT VIII Judge E. B. Lee, 1966-67* Judge Harold V. Froehlich Judge Lorenzo Arredondo Judge G. Randall Whitmeyer, 1967-68* Outagamie County Circuit Court Crown Point, Indiana Judge Maynard B. Golt, Q.C., 1968-69* 320 South Walnut Judge Leon Ruben Judge M. Michael Gordon, 1969-70* Appleton, WI 54911 Nashville, Tennessee Judge David L. Golden, 1970-71* Tel: (920) 832-5602 Judge Karen Thomas Judge Philip M. Fairbanks, 1971-72 Fax: (920) 832-5115 Newport, Kentucky Judge Joseph A. Zingales, 1972-73 Judge George G. Crawford, 1973-74 Judge Verne C. Boewe, 1974-75* IMMEDIATE PAST PRESIDENT DISTRICT IX Judge George C. Inglehart, Jr., 1975-76 Judge Gayle Nachtigal Judge Larry Allen Judge Edmund A. Jordan, 1976-77* Circuit Court of Washington Co. Willoughby, Ohio Judge Rodney D. Parrott, 1977-78 Washington County Courthouse Judge Howard H. Harcha Judge Michael J. Donohue, 1978-79 150 N. First Street Portsmouth, Ohio Judge Allan R. Market, 1979-80 Hillsboro, OR 97124 Judge W. Milton Nuzum, III Judge Patrick H. McCauley, 1980-81 Tel: (503) 846-4562 Marietta, Ohio Judge Charles V. Johnson, 1981-82 Fax: (503) 846-4835 Judge Rupert A. Doan, 1982-83* Judge James B. Kelly, 1983-84* DISTRICT X Judge Robert C. Anderson, 1984-85* DISTRICT I Judge Leo Bowman Judge Oliver S. Delery, 1985-86 Judge Irwin Lampert Pontiac, Michigan Judge Barbara T. Yanick, 1986-87* Moncton, New Brunswick Judge Stephen Cooper Judge Robert H. Wahl, 1987-88* Judge Morton Minc Southfield, Michigan Judge Jerome A. Gertner, 1988-89 Montreal, Quebec Judge Elizabeth Hines Judge Thomas C. Nurre, 1989-90 Judge Elliott Zide Ann Arbor, Michigan Judge Leslie G. Johnson, 1990-91 Judge Richard Lee Price, 1991-92 Fitchburg, Massachusetts Judge Joseph Burtell, 1992* DISTRICT XI Judge Thomas A. Clark, 1992-94 DISTRICT II Judge Kevin S. Burke Judge John A. Mutter, 1994-95 Judge Anthony Bentley Minneapolis, Minnesota Judge Martin Kravarik, 1995-96 New York, New York Justice William A. Gorewich Judge Jeffrey Rosinek, 1996-97 Judge Jennifer Gebbia Newmarket, Ontario Judge Shirley Strickland-Saffold, 1997-98 New York, New York Judge John Williams Judge Paul Beighle, 1998-99 Judge Abraham Gerges Kansas City, Missouri Judge Gerald T. Elliott, 1999-2000 Judge Chris Williams, 2000-01 Brooklyn, New York Judge Bonnie Sudderth, 2001-02 DISTRICT XII Judge Francis X. Halligan, Jr., 2002-03 DISTRICT III Judge Mary A. Celeste Judge Michael R. McAdam, 2003-04 Judge Ron Garvin Denver, Colorado *Deceased Washington, DC Judge Denise M. Lightford Judge Damian Murray Phoenix, Arizona American Judges Association Toms River, New Jersey Judge David Orr 300 Newport Avenue Moose Jaw, Saskatchewan Williamsburg, VA 23185-4147 (757) 259-1841 Volume 42, Issue 3-4 Court ReviewFall/Winter 2006 THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION TABLE OF CONTENTS BOOK REVIEW 4 A Judge’s Role in the Rule of Law William F. Hurst IV EDITOR Judge Steve Leben Johnson County, Kansas ARTICLES EDITORIAL BOARD 6 Lessons from an Unusual Retention Election Judge B. Michael Dann National Institute of Justice Shira J. Goodman and Lynn A. Marks Julie Kunce Field Fort Collins, Colorado 16 Judicial Elections: Changes and Challenges Professor Philip P. Frickey Jan Witold Baran University of California at Berkeley Mark D. Hinderks Overland Park, Kansas 22 Seizing the Accountability Moment: Enlisting Americans in the Fight to Keep Courts Fair, Impartial, and Independent Judge Leslie G. Johnson Mississippi Judicial College Bert Brandenburg Professor Steven Lubet Northwestern University 28 Judges, Law, Politics & Strategy Judge Gregory E. Mize Frank B. Cross Washington, D.C. C. Robert Showalter, M.D. Harrisonburg, Virginia 34 A Profile of Settlement John Barkai, Elizabeth Kent, and Pamela Martin Professor Charles H. Whitebread University of Southern California 41 E-Courts: The Times They Are A-Changin’ NATIONAL CENTER FOR James E. McMillan STATE COURTS STAFF Charles F. Campbell Managing Editor STUDENT EDITORS DEPARTMENTS Angela Brouse William F. Hurst IV 2 Editor’s Note Benjamin Thompson 3 President’s Column 44 The Resource Page Court Review THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION Volume 42, Issue 3-4 Fall/Winter 2006 Court Review, the quarterly journal of the American EDITOR’S NOTE Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review his issue presents four viewpoints on current issues involving judicial seeks to provide practical, useful information to the work- ing judges of the United States and Canada. In each issue, elections, politics, and the effect of public opinion on the courts. In our we hope to provide information that will be of use to lead article, Shira Goodman and Lynn Marks of Pennsylvanians for judges in their everyday work, whether in highlighting T new procedures or methods of trial, court, or case man- Modern Courts tell the story of Pennsylvania’s 2005 retention election for the agement, providing substantive information regarding an Pennsylvania Supreme Court. With very little warning, public opposition area of law likely to be encountered by many judges, or by providing background information (such as psychology or developed to the retention of two justices: one was retained with 54% of the other social science research) that can be used by judges vote and one was thrown out of office with only 49% voting to retain him. in their work. Guidelines for the submission of manu- The election was unusual because it did not relate to opinions issued by either scripts for Court Review are set forth on page 14. Court Review reserves the right to edit, condense, or reject mate- justice. Rather, the court and its judges got caught up in controversy over pay rial submitted for publication. raises for the judiciary, which passed only as a package with raises for other Court Review is in full text on LEXIS and is indexed in the governmental officials. Goodman and Marks Current Law Index, the Legal Resource Index, and explore both the story and its implications. LegalTrac. Jan Baran, an election-law expert, reviews Letters to the Editor, intended for publication, are wel- the methods used today to select judges and come. Please send such letters to Court Review’s editor: Judge Steve Leben, 100 North Kansas Avenue, Olathe, the ethics issues presented in a post- Kansas 66061, e-mail address: [email protected]. Republican Party of Minnesota v. White world. Comments and suggestions for the publication, not intended for publication, also are welcome. His survey notes recent caselaw answering some of the questions left open in the White Advertising: Court Review accepts advertising for prod- ucts and services of interest to judges. For information, decision. contact Deloris Gager at (757) 259-1864. Bert Brandenburg, executive director of the Photo credit: Mary Watkins (marywatkinsphoto@ Justice at Stake campaign, presents the results earthlink.net). The cover photo is of the historic of their comprehensive national survey on the Washington County Courthouse in Stillwell, Minnesota. Stillwell is often referred to as the birthplace of public’s views about the judiciary. He discusses how judges and others Minnesota; in 1848, a territorial convention that began defending the court system can communicate effectively with the public about the process of making Minnesota a state was held there.