Bob Egelko reports in the San Francisco Chronicle, “Of all the decisions facing California voters next Tuesday, few will have such significant consequences, based on such little information, as whether they should retain the state’s top judicial officers for terms of up to 12 years.” Patricia Guerrero, currently a Supreme Court associate justice, is seeking election to succeed retiring Tani Cantil-Sakauye as California’s Chief Justice. Justices Goodwin Liu, Joshua Groban, and Martin Jenkins are running to remain as associate justices.
Despite the importance of the elected positions, Egelko writes, there’s very little information available about the four Supreme Court candidates in voter guides by the Secretary of State and the League of Women Voters. Nor are the justices themselves actively campaigning.
The article continues, “So how can Californians obtain more information before voting on the leaders of the state’s judicial system? Other than searching online sources (including past coverage, and online voter information guides like The Chronicle’s), there aren’t many resources easily available.” It quotes former Chief Justice Ronald George: “During the 1990s, and still probably today, justices facing uncontested reelection (except for a yes or no vote) probably still feel they can rely principally on newspaper editorials and bar association endorsements to support them except in the most highly unusual situations. This reliance seems to be adequate — except for the highly unusual situation of an organized ‘no’ vote [campaign].” And it notes a “similar message” came from current Chief Justice Tani Cantil-Sakauye.
The article also talks about two organized no-vote campaigns. In 1986, Chief Justice Rose Bird and Associate Justices Cruz Reynoso and Joseph Grodin lost their elections “after a campaign that focused on their decisions to overturn death sentences, though it was financed by business groups unhappy with the court’s rulings in consumer cases.” In 1998, antiabortion groups unsuccessfully targeted George and Justice Ming Chin “a year after the court overturned a state law requiring parental consent for minors’ abortions.”
Judicial Council spokesperson Cathal Conneely is quoted as saying that the court “relies on regular and informed coverage by the Fourth Estate — legal affairs correspondents or reporters familiar with how the court operates are able to provide the public with insights, interpretations, and analysis. . . . Information about our work is hidden in plain sight.”
Related:
More endorsements for Supreme Court justices’ election
SF Chronicle urges the election of Supreme Court justices
LA Times endorses Supreme Court justices for election
The Governor should nominate Judge Evans now, not appoint her later