There are all kinds of lessons one could learn from the Iowa Supreme Court retention election last year. The one thing many observers are united in is a come wish that contests like that do not become the norm, but in an article in Gavel Grab there are warring signs that Florida may be the next focus of a campaign similar in character to the Iowa Supreme Court retention election. Peter Hardin wrote a piece which said in part,

Florida Bar President Scott G. Hawkins said state Supreme Court justices may be targeted by political groups for ouster in retention elections next year, and he also floated details of a proposal to stabilize state court funding.

Hawkins’s remarks were reported by a Daytona Beach News-Journal article, following Hawkins’ meeting with that newspaper’s editorial board. Regarding retention (up-or-down) elections, The Florida Bar wants to make a point, he said, that “if you are going to assess a judge, it is fair to look at one particular ruling or do you assess a body of work?” He said the ouster effort may come from political groups pushing one or another single issue.

Also participating in the discussion was Sandra C. Upchurch, a local representative of the Florida Board of Governors. Upchurch noted that a potential for attack campaigns against judges has been created by the electronic age and numerous social media.

Judges in Florida are not permitted to form campaigns until they face registered, organized opposition. This can prevent them from responding directly to the kind of opposition that surfaces in  social media networks.” Whether by rule or common practice many  judges in retention states historically have not formed any campaign operation or committee until there is announced opposition and some have not even respond when there is announced opposition. But as the retention election of Alaska Supreme Court Justice Dana Fabe shows there are problems with just assuming that retention races don’t require some thought and strategy if shortly before the election organized opposition surfaces. Justice Fabe will be one of the featured  speakers at the American Judges Association National Symposium on The Politicalization of the Judiciary: How to Respond on Friday May 18, 2012 at the Doubletree Hotel Downtown ($129.00 per night), 315 4th Avenue North, Nashville, Tennessee. To sign up for the Symposium follow this link:  http://aja.ncsc.dni.us/conferences/