Maryland judicial elections, 2014

Montgomery County judge encumbered by past controversy

Montgomery County Circuit Court judge Audrey A. Creighton survived the June 24, 2014 primary elections, receiving 22 percent of the vote in the Democratic primary, but losing the Republican nomination. Her challenger, Daniel Patrick Connell, received a similar percentage of Republican votes, though he lost the Democratic primary. Under Maryland judicial selection procedures, candidates may cross-file as both Republicans and Democrats and thereby secure one party’s nomination if they should fail to secure one from the other party. In this instance, all candidates cross-filed for both parties, resulting in nominal margins of victory in both party’s primaries for all five candidates. With no clear outcome, the five candidates had to again compete against each other in the November 4 general election for four open seats.^[7][8]

Connell reportedly aimed to draw attention to Creighton’s kidnapping and assault by her former intimate partner Ricky Joshua Senning, apparently in hopes of criticizing her character and her ability to adjudicate.^[9]

In 2008, Creighton served as one of Senning’s criminal defense attorneys. After his release from state prison in 2013, Senning moved in with Creighton, who by that time was a judge. Later in 2013, Senning was charged with the possession of a small marijuana cigarette, but missed his initial court date. Senning then submitted a legal motion explaining that he had been given the wrong court date to avoid an arrest for his failure to appear in court. Senning’s case was then placed on Creighton’s docket, but she recused herself, citing a conflict. In May 2014, Senning was charged with the assault and kidnapping of Creighton, resulting in the controversy surrounding her re-election to the court (see: Audrey A. Creighton, "Judge abucted by former friend, lover").^[9]

Connell reportedly suggested that Creighton had a hand in drafting Senning’s motion in violation of the Maryland Code of Judicial Conduct, which prohibits judges from the practice of law.^[10] The matter was forwarded to the Maryland Commission on Judicial Disabilities for review and investigation.^[9][11]

Highlights from the Maryland primary

The results of Maryland’s primary on June 24, 2014 were tallied, and the ballots were then set for the November 4 general election, including multiple judicial races. However, some election officials warned that, due to what could be a “historically” low turnout, a relatively small number of people could end up choosing the state’s judiciary.^[13]

Court Auditor Thomas R. Simpson, Jr. beat two sitting judges in Charles County’s Republican primary, which meant that he had to again face judges Jerome Richard Spencer and Hayward James West in November for a seat on the 7th Circuit Court.

Scott Rolle, the former state’s attorney, won the Frederick County Republican primary and again ran against sitting Judge Danny Brian O'Connor for a seat on the 6th Circuit Court for Frederick County.^[7]

In Montgomery County, challenger Daniel Patrick Connell appeared on the November ballot for the 6th Circuit Court after winning the Republican primary, even though sitting judges Gary Eugene Bair, Audrey A. Creighton, Nelson W. Rupp, Jr., and Joan E. Ryon bested Connell in the Democratic primary.[7] Creighton was successful despite questions surrounding an incident in May where she was allegedly assaulted by a former roommate with whom she had a personal relationship. The incident raised questions as to the nature of her relationship with the accused, and whether she had unduly provided him with legal counsel while she was a judge (See: Audrey A. Creighton, "Judge abducted by former friend, lover").[9]

Democratic Judge Jimmy Sarbanes and Republican challenger Melvin Caldwell Jr. each won their party’s primary for a 15-year term on the 1st Circuit Court for Wicomico County, and again faced each other in November.^[7] Though the general election was nonpartisan, the primary served as an opportunity for each political party to demonstrate their support for their candidate.^[14]

Baltimore County judges Justin James King, Colleen Cavanaugh, Julie L. Glass, and Paul J. Hanley successfully fended off a challenge from attorney Kelby Brick. Judge Fred S. Hecker’s defeat of attorney Steven Tiedemann in Carroll County came as little surprise, as Tiedemann had withdrawn from the race and supported Hecker after the deadline to remove his name from the primary ballot. In Cecil County, attorney Kevin Urick failed to unseat Judge Brenda A. Sexton.^[7]

In Anne Arundel, Calvert, Harford, Prince George's, and Washington counties, sitting judges ran unopposed.^[7]

Maryland to see critical judicial contests in June 24 primary

Early voting for the Maryland primary began on June 12, 2014, and voters soon began casting their ballots leading up to the June 24 primary election.^[15] With contested judicial elections occurring in seven counties and the City of Baltimore, Republican and Democratic voters throughout the state had an important role in the makeup of their courts in 2014.^[16]

In Washington County, Republican voters determined which three candidates faced Democrats Linda Davis and Eileen W. Wiggins in the general election for judges of the Orphans Court of Washington County. Cassandra Laverne Costley, Paul Cox, and Joseph W. Eichelberger challenged incumbents Robert Adair, Frank E. Novinger, and current chief judge John M. Shriver. All three seats on the court were up for grabs.^[17]

In the race for Frederick County circuit court judge, incumbent Danny Brian O'Connor faced former State’s Attorney Scott Rolle. Due to the structure of Maryland judicial elections, the June 24 primary could have served as the end of the race. Because both candidates appeared on both the Democratic and Republican primary ballots, if one of them had won both primaries he would be the only name on the November ballot. If they each had won only one of the party primaries, however, both names would have appeared on the general election ballot.^[16]

In the race for Queen Anne's County judge of the Orphan’s Court, Republican voters narrowed the primary field of seven Republican candidates down to three for the November general elections. Candidates included business owner Kim Calvert, security firm president Barry Donadio, former Orphan’s Court Judge Penelope Keating, farmer and realtor Richard Smith, physician and professor Eric Wargotz, and incumbent judges Kimberly Jean Cascia and Joseph V. DiPietro.^[18]

Maryland judicial races overview

The deadline to file to run in Maryland’s 2014 primary elections passed at 9:00 p.m. on February 25. Running to fill three seats on the Queen Anne’s County Orphan’s Court were a total of 10 candidates, two Democrats and eight Republicans. Two seats were held by incumbents — Republicans Kimberly Jean Cascia and Joseph V. DiPietro. The third seat was open.^[20]

In Washington County incumbent Republican circuit court judges Donald E. Beachley and Dana M. Wright both filed to run. Also filing ahead of the deadline were candidates for the Washington County Orphan’s Court, including the three Republican incumbents, John M. Shriver, Frank E. Novinger, and Robert Adair. They faced six challengers (three Republicans, two Democrats and one unaffiliated candidate).^[21]

Several other counties held contested judicial elections in 2014. In Carroll County incumbent Fred S. Hecker was challenged by Steven Tiedemann. In Cecil County incumbent Brenda A. Sexton was challenged by Kevin Urick. In Charles County incumbents Jerome Richard Spencer and Hayward James West were challenged by Thomas R. Simpson, Jr. In Frederick County incumbent Danny Brian O'Connor was challenged by Scott Rolle. In Montgomery County incumbents Gary Eugene Bair, Audrey A. Creighton, Nelson W. Rupp, Jr. and Joan E. Ryon were challenged by Daniel Patrick Connell. In Wicomico County, incumbent and appointed judge Jimmy Sarbanes was challenged by Melvin Caldwell Jr.^[22]