Success Stories
MISSISSIPPI
Jim Kitchens
In Mississippi, the sitting Chief Justice, Jim Smith, upheld verdicts for insurance companies 100% of the time, while ruling to overturn verdicts on behalf of victims 88% of the time – truly stunning figures. But several “interest groups” ran advertising throughout Jackson and the Delta on behalf of Smith, praising his “honesty and fairness” while sending mailings and making phone calls attacking his challenger, attorney Jim Kitchens. In the final week, Smith ran ahead 32%-18% with 40% undecided and the rest supporting another candidate.
Although he was outspent 2:1, Jim Kitchens’ moral backbone and distinguished professional career resonated with voters, resulting in a 54%-36% win called “the upset of the night” by the Clarion Ledger.
MICHIGAN
Diane Hathaway
Michigan’s success with Judge Diane Hathaway beating incumbent Chief Justice Clifford Taylor was also heralded as “a stunning upset” by the Detroit Free Press. Justice Taylor had a long and infamous history of voting against the rights of citizens and in favor of huge corporations and insurance companies. Not only did this election remove from office a man who may have been the most anti-justice candidate ever to sit on Michigan’s high court, Hathaway’s victory was also historic, as she was the first challenger to unseat an incumbent since 1984. Her win will reverse the make-up of the court, swinging it to a 4-3 majority that no longer guarantees rulings on behalf of corporate interests.
In addition to the qualifications of the candidate herself, the Michigan Democratic Party and its Chairman, Mark Brewer, also deserve tremendous credit for the success. The Party began working on this race two years in advance, spending money on polling and researching to pick the right candidate, and then fundraising to support the most impressive down-ballot, judicial GOTV and education campaign to date. Michigan has much to be proud of in this accomplishment.
MONTANA
Mike McGrath
Montana’s term-limited Attorney General, Mike McGrath, ran against Helena lawyer Ron Waterman to fill the Chief Justice Seat being vacated by Karla M. Gray. McGrath defeated Waterman 75%-25%.
Both McGrath and Waterman had backgrounds (McGrath in elected office and Waterman in law) that would have made them good and impartial judges. In the end, however, McGrath’s familiarity and popularity with Montanans statewide won him the vast majority of votes.
Given the progressive, pro-consumer leanings of both these candidates, it was clear that Montana was ready for a change from the 17 years in which Chief Justice Gray had been a reliable pro-business/anti-consumer vote. Montana is to be saluted for replacing Gray with McGrath, who has a long history of support from both labor and the plaintiff’s bar. McGrath can be expected to continue to uphold the rights of individuals while leading the Montana Supreme court. His election also increases the voice of progress in this court.
WEST VIRGINIA
Menis Ketchum & Margaret Workman
The tone for Democratic success in West Virginia was set during the judicial primary election in which sitting Chief Justice Elliot “Spike” Maynard was exposed for his unethical relationship with coal company CEO Don Blankenship. The voters spiked “Spike” in May, but the Chamber of Commerce had another candidate in the race, Beth Walker, an anti-employee attorney who married into Walker Manufacturing, a corporation tied to the coal industry.
In addition to her media campaign, the Chamber spent $403,000 in the final week, while other corporate interests ran radio ads and sent mailings attacking Menis Ketchum as “a TV advertising personal injury lawyer.” Regardless, the right-wing Daily Mail, whose editors endorsed both “Spike” and Walker, was forced to report on Wednesday that Menis Ketchum was the “surprise leader” who, along with Margaret Workman, vowed to “restore calm to the court.” A pro-industry lock is now broken, leaving open the possibility of justice for individual citizens who have a case before the West Virginia Supreme Court.