Capitol Calling

Nixon names revenue chief to judgeship

Gov. Jay Nixon selected Department of Revenue director Karen King Mitchell to fill vacant judgeship on the Western District Court of Appeals.

Mitchell, a Columbia native, was one of three finalists for the judgeship. She will replace Judge Paul Spinden, who retiring from the court.

"During her years an attorney in public service, Karen King Mitchell has consistently delivered exemplary representation to the people of the state of Missouri before courts at trial and appellate levels, as well as considerable administrative leadership and expertise," Nixon said in a statement.

The appointment probably falls into the "not terribly shocking" category because of Mitchell's longstanding ties to Nixon.

In the office of attorney general, Mitchell served as deputy attorney general, state solicitor and chief counsel of the governmental affairs division. She also has served as a law clerk for judges in the Missouri Supreme Court and the 16th District Circuit Court.

Mitchell graduated Phi Beta Kappa from the University of Missouri-Columbia in 1981 and later went on to get her JD at the University of Missouri-Kansas City.

Nixon appointed Alana Barragán-Scott to be the acting Director of the Department of Revenue. Any permanent appointment will require Senate approval.

Supremes overturn Sotomayor decision on reverse discrimination

There is much buzz today over a Supreme Court decision on a reverse discrimination case emanating out of New Haven, Connecticut.

The 5-4 decision overturned a decision that had been penned by Judge Sonia Sotomayor, President Barack Obama's nominee to the U.S. Supreme Court.

From the Washington Post:

The Supreme Court today narrowly ruled in favor of white firefighters in New Haven, Conn., who said they were denied promotions because of their race, reversing a decision by Judge Sonia Sotomayor and others that had come to play a large role in the consideration of her nomination for the high court.

The city had thrown out the results of a promotion test because no African Americans and only two Hispanics would have qualified for promotions. It said it feared a lawsuit from minorities under federal laws that said such "disparate impacts" on test results could be used to show discrimination.

In effect, the court was deciding when avoiding potential discrimination against one group amounted to actual discrimination against another.

The court's conservative majority said in a 5 to 4 vote that is what happened in New Haven.

"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions," wrote Justice Anthony M. Kennedy.

Read the rest here.

Price takes questions on court plan

In addition to a number of administrative duties, incoming Supreme Court Chief Justice William Ray Price will become a member of the state's Appellate Judicial Commission. That's the body that chooses a number of judicial nominees for the governor to select.

That process - known either as the Missouri Non-Partisan Court Plan or the Missouri Plan - has been under scrutiny over the past few years. During his media availability today, Price answered some questions about the plan that selects some of the state's judges.

Here's a clip:

Price takes the lead

Missouri Supreme Court Judge William Ray Price will become the chief justice of the state's high court starting in July.

Today, he met with members of the media to take a multitude of questions about his background and his future role as chief justice.

Here are a couple of clips from that availability:

Stith discusses role in defending court plan

In addition to a number of administrative duties, Missouri Supreme Court Chief Justice Laura Denvir Stith was a prime defender of the Missouri Non-Partisan Court Plan.

The plan - which selects some of the state's judges - was under criticism during Stith's term as chief justice. Stith sometimes had to defend the selection plan in statements and during legislative hearings.

During a Wednesday media availability, Stith answered a few questions about the court plan. Here's a clip:

Stith discusses public defender legislation

Missouri Supreme Court Chief Justice Laura Denvir Stith is relinquishing her position in a couple weeks, as is tradition.

Before handing off the title to Missouri Supreme Court Judge William Price, Stith talked with reporters about a multitude of topics. Included in the mix was legislation giving public defenders a great role in controlling their caseload.

The legislation - which has yet to be signed by Gov. Jay Nixon - sparked concern among prosecutors. I asked Stith about the bill's impact on the criminal justice system. Here's a clip:

KBIA Commentary: Summer of Sotomayor

My commentary this week for KBIA focuses on Sonia Sotomayor's nomination to the United States Supreme Court.

Among other things, the commentary takes a look at the lack of leverage Republicans have due to their dwindling numbers in the U.S. Senate.

Here it is:

Should the Senate confirm Sotomayor?

Blunt sounds off on Sotomayor nod

U.S. Rep. Roy Blunt - a Springfield Republican running for the U.S. Senate - has released the following statement on Sonia Sotomayor's nomination to the U.S. Supreme Court:

"The most important issue when considering a Supreme Court nominee is their judicial philosophy and whether they are an activist who would attempt to legislate from the bench, or a jurist who respects the authority of the Constitution.  This nominee offers proper professional credentials and a compelling life story.  However, her view that judges should make policy raises a huge red flag.  The U.S. Senate should neither pre-judge or pre-confirm, but thoughtfully, thoroughly and rigorously examine the record of this nominee to our nation's highest court."

Blunt's statement is largely symbolic in this specific case, as U.S. House members don't get to vote on appointments to the Supreme Court. And the chances are not terribly high that Sotomayor's nomination will languish to the point where Blunt - or anybody who replaces Bond - will get to vote.

But since senators will have to vote on judicial appointees, a candidate's philosophy on the matter is still noteworthy.

Blunt could face former state Treasurer Sarah Steelman and Washington University professor Thomas Schweich in a Republican primary. Secretary of State Robin Carnahan is running for the seat as a Democrat.

McCaskill: Sotomayor will be a "terrific Supreme Court justice"

Jo Mannies over at the St. Louis Beacon snagged a statement from Sen. Claire McCaskill, D-Missouri, on Sonia Sotomayor's nomination to the U.S. Supreme Court.

According to Mannies, McCaskill released a statement noting that Sotomayor "accomplished great things in her life through the all-American values of discipline, hard work, and integrity."

"I'm especially glad she has experience as a courtroom prosecutor and a trial judge," McCaskill said. "There hasn't been a person with more experience nominated in decades. She will be a terrific Supreme Court justice."

Sotomayor will need Senate approval to replace Supreme Court Justice David Souter.