State of Justice: September Vacancies and Elections Updates
Vacancies
Four apply to be the Nebraska Supreme Court’s next chief justice
Nebraska Supreme Court Chief Justice Mike Heavican announced he will retire at the end of October after nearly two decades of service on the bench. The Nebraska Supreme Court’s Judicial Nominating Commission released the four finalists’ names vying to replace Heavican. The candidates are Supreme Court Justice Jeffrey Funke, Sarpy County Judge PaTricia Freeman, Saline County District Judge David Bargen, and Lancaster County District Judge Ryan Post. Funke joined the supreme court in 2016 by appointment from Gov. Pete Ricketts (R). Funke was also a district court and county judge. Before joining the bench, he worked as a prosecutor and private practitioner. Freeman joined the county court in 2017 and earlier worked as a chief deputy county attorney and prosecutor. Prior to joining the bench, Bargen worked in private practice and as a law professor. Before Post joined the bench in 2021, he led litigation at the Nebraska Attorney General’s office and worked as a legislative aid. None of these four finalists would bring experience from underrepresented professions to the bench.
New Jersey nominee finally receives confirmation hearing
After missing the initial deadline to confirm Gov. Phil Murphy’s (D) nominee, former acting attorney general John Hoffman, to the state supreme court, the New Jersey Senate finally announced a confirmation hearing for Hoffman on September 26. Court watchers previously scrutinized the senate for not convening sooner because Murphy nominated Hoffman in June, and Justice Lee Solomon, Hoffman’s predecessor, left the court on August 16. Hoffman was unanimously approved by the New Jersey Senate Judiciary Committee. If confirmed, Hoffman, an Independent, would bring the court’s balance to 4D-2R-2I.
Changing of the guards* in Idaho, Kentucky, and South Carolina *chief justices
There are new chief justices in power across multiple state supreme courts. Justice G. Richard Bevan will serve another term as the Idaho Supreme Court chief justice through 2028 after his colleagues reelected him to the position. In 2017, Gov. C.L. Butch (R) appointed Bevans to the court, elevating him from the district court, and in 2021, he was elevated to serve as Chief Justice. Prior to the bench, Bevans worked in private practice. Justices on the Kentucky Supreme Court elected Justice Debra Hembree Lambert as the court’s next chief justice. Lambert will serve in that position for four years, starting in January 2025, and will become the first woman to lead the Kentucky Supreme Court. Lambert won election to the court in 2018 and was previously an appellate court and family court judge. Prior to the bench, she worked in private practice and as assistant commonwealth’s attorney. After Chief Justice Donald Beatty retired, Chief Justice John Kittredge was sworn in as the newly elected chief justice on the South Carolina Supreme Court. Kittredge first joined the state supreme court in 2008 after previously serving as a family court, circuit court, and court of appeals judge. Kittredge will likely serve until his retirement.
Elections
With the November 5 general election less than six weeks away, AFJ Action’s State Courts team is closely watching upcoming state supreme courts around the nation. This year, over 80 seats are up for election across 33 states. The impact of these seats cannot be overstated. Do you know if your state is holding an election for your state supreme court? Find out here!
