At its Nov. 14 meeting, the Board of Governors, after considerable debate, voted 25-15 to support legislation proposing a constitutional amendment to permit, under certain circumstances, a court of appeals judge chosen by lot to serve temporarily on the supreme court.
Inside the Bar
Board supports legislation to allow temporary service on supreme
court
At its Nov. 14 meeting, the Board of Governors, after considerable
debate, voted 25-15 to support legislation proposing a constitutional
amendment to permit, under certain circumstances, a court of appeals
judge chosen by lot to serve temporarily on the supreme court. The
Litigation Section supports and the Appellate Practice Section opposes
this legislation.
According to Rep. Greg Huber, the legislation's author, providing a
mechanism for reserve justices would be helpful in cases in which
justices recuse themselves, in tie-vote cases, and in judicial
discipline cases. He also noted that the proposal gives the
supreme court maximum flexibility by leaving it to the court to develop
rules governing when the reserve justice provisions would be
triggered.
Lynn Laufenberg, Litigation
Section vice chair, said that the supreme court should decide
cases determined to be of significant-enough statewide importance;
litigants should not be left with a three-judge appellate court decision
because the supreme court deadlocks on a 3-3 vote when a justice recuses
himself or herself.
Representing the Appellate
Practice Section, Ken Lund raised concerns about empowering an
appellate court judge to cast a critical deciding vote in the event of a
tie and overturn an appellate court decision or even a prior supreme
court decision.
Inside the
Bar
