Considering the Court of Criminal Appeals
The 2008 election cycle saw more action than recent presidential election years, including three legitimately competitive congressional elections for the first time in a decade, as well as razor close margins in the Supreme Court and PSC races. Most of the political activity in 2009 will consist of posturing with an eye toward the 2010 elections. However, there will be a few sideshows to give political junkies their fix in 2009.
The earliest will be the filling of the vacancy on the Court of Criminal Appeals left by Greg Shaw’s ascension to the Supreme Court. Criminal Appeals is not the most glamorous appellate panel, but it is one of a limited number of statewide judicial positions and often a springboard to higher office (just ask Shaw or Chief Justice Cobb).
Bob Riley, alone, will determine who fills the remaining four years of Shaw’s term. Most likely the choice will be made quickly, and it would be wise to keep an eye on the following:
Jim Main - The budget director is probably the most influential appointed official in state government, but with Riley now a lame duck Jim Main is probably looking toward his next step. Main wanted to make the jump to elective office in 2008, but his campaign for Supreme Court never made it out of the backrooms, as Greg Shaw was the “chosen one” by the usual suspects of the Republican business lobby. Main’s distant connections to the plaintiff’s bar has always caused BCAs and ALFAs some heartburn but the governor clearly doesn’t share such concerns. Perhaps with a few years on an appellate court under his belt, Main could demonstrate his conservative bonafides and secure backing for a future promotion to the Supreme Court. After passing over Main for Attorney General and Chief Justice appointments already, many believe Riley will give Main first crack at the Shaw vacancy.
Chris Mixon - Mixon’s first exposure to the general public was as a candidate for the Court of Criminal Appeals in 2008. When he entered the race, many viewed Mixon as the candidate of the business wing of the Republican Party and expected such support to carry him to victory. But something funny happened on the way to the coronation. Mary Windom jumped into the race late in the qualifying period and rode her name ID and funding advantage (aided in no small part by her husband) to a strong primary and general election win. The Shaw vacancy provides an opportunity for Mixon (and his backers) to put his judicial career back on track, with only a minor detour. Shy of 40 years of age, Mixon represents a new generation and potentially could help carry the banner of business conservatives on the Criminal Appeals Court and beyond for decades to come. If Main passes or Riley prefers a more forward-looking appointment, expect the emergence of a Judge Mixon.
Leura Canary / Alice Martin - Either U.S. Attorney would be a strong choice on paper and both should be looking for new employment as the Obama era dawns. Both women would of course bring baggage that need not be detailed here, but if he’s willing to stomach a few days of a media firestorm and alienating Canary/Martin critics (mostly but not exclusively on the left) Riley could certainly appoint either with minimal damage to his own administration. Many politicos believe there is a slight gender advantage for female candidates, especially in lower-profile down ballot offices like court races, and with four years under her belt before they face the electorate it wouldn’t be wise to bet against either woman meeting with success at the ballot box. Make no mistake, it is a long shot that either Canary or Martin gets the nod but neither should they be ruled out. With little to lose as he faces a lame duck stage in what he says will be his last elective office, Riley might roll the dice and make the choice he wants - critics be damned.
Obviously, there are many other solid Republicans from which Riley could choose, either from the legislative, judicial, or partisan arenas. The list above is not much more than pure speculation, but any discussion must include (but not be limited to) the names previously mentioned.
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