ABSTRACT
Leander Shaw became Florida's second black state Supreme Court justice on 10 January 1983. At the heart of the controversy was Justice Shaw's authorship of a majority opinion in a controversial abortion case. While Justice Shaw's stance on abortion was the major focus of the antiretention campaign against him, there is some postelection evidence to suggest that racism may also have played a role. Both the Florida and California votes are indicative of the increasing politicization of judicial retention votes. They have challenged the old adage that "Judicial elections rarely feature the colorful candidates, controversial issues, and spirited campaigns" that characterize other major federal and state offices. Early studies discovered "No" votes to be associated with evidence transmitted to the voters about a judge's incompetence or unethical conduct, either on the bench, or in his/her personal life. Negative political campaigning is a widely used technique, even in judicial races, as evidenced in experiences in California and Florida.
