Judicial campaigns and elections

  • February 11, 2014
     
    The American Bar Association Standards Review Committee is considering a recommendation that the ABA no longer prohibit law students from receiving money for internships and externships. Karen Sloan of The National Law Journal has the story.
     
    In their debut article for The Intercept, Jeremy Scahill and Glenn Greenwald examine the National Security Agency’s controversial role in targeting terror suspects for lethal drone strikes and the effectiveness of geolocating technology.
     
    Dallas District Attorney Craig Watkins created the nation's first Conviction Integrity Unit. In an interview with NPR’s Melissa Block, Watkins discusses the 87 overturned convictions in the U.S. in 2013 and what is being done in Dallas County to prevent miscarriages of justice.
     
    With the U.S. Supreme Court returning to session on February 24, the justices could soon rule on whether legislative prayer violates the Establishment Clause. Michael Kirkland at UPI breaks down Town of Greece v. Galloway.
  • June 17, 2013
    Guest Post
    by Liz Seaton, Acting Executive Director, Justice at StakeJustice at Stake is a nonpartisan, nonprofit campaign working to keep America’s courts fair and impartial.

    With its new “Justice at Risk” report, the American Constitution Society documents a correlation between big judicial election spending by U.S. businesses and favorable rulings from elected state courts. The report raises questions that are familiar, and they are troubling.
     
    The American public insists that courts be impartial, with no special favors for campaign spenders, so that everyone gets a fair day in court. But confidence in the impartiality of our courts has eroded as business and special interest spending on judicial elections soared in the last decade.
     
    “Justice at Risk” offers a statistical analysis that updates what we know about business interest donations to state supreme court candidates and judicial decisions that followed, specifically in the years since Citizens United:
     

    - “The more campaign contributions from business interests justices receive, the more likely they are to vote for business litigants appearing before them in court.”

    - If a justice’s campaign gets half of its contributions from business groups, then the justice would be expected to favor business interests by voting their way almost two-thirds of the time.

    - The empirical relationship identified in the study between campaign contributions and justices’ voting exists “only in partisan and nonpartisan systems; there is no statistically significant relationship between money and voting in retention election systems,” when a justice stands in a yes-or-no contest with no opponent.

    - For justices affiliated with the Democratic Party, the relationship between business contributions and voting is stronger than for justices affiliated with the GOP.

     
    These results add to the debate about the critical need for reforms to keep the influence of campaign cash out of the courtroom.
     
  • April 5, 2013

    by E. Sebastian Arduengo

    Leave it to The Wall Street Journal’s editorial board to attack what may be the most rational approach in this country for selecting judges in favor of an approach that leaves the judiciary vulnerable to the same kind of unspoken quid pro quo influence that plagues the political branches of government.

    Missouri has long had one of the one of the best non-partisan judicial appointment plans in the country. Under the plan, which has since been adopted at least partially by 34 states, a non-partisan commission (usually with close ties to the state bar) reviews candidates for a judicial vacancy, and produces a list of people from which the governor can make an appointment. If the governor doesn’t make an appointment, the selection committee can put a judge on the bench itself. The only popular “check” on the process is a retention election that is typically held once the judge has completed one year of service.

    The main criticism of this method of selecting judges is that it gives state bar associations, and plaintiff’s lawyers in particular, too much power in the nominations process, while voters effectively have no input on the people who will take the bench. This argument has been the clarion call of the Journal, and it was brought up again in this recent editorial, with the outrageous claim that Pennsylvania’s recent moves to become the latest state to adopt the Missouri Plan amounted to “the political class … using a political scandal to grab more power.”

    Predictably, the Journal glossed over the nature of the scandal prompting Pennsylvania to consider switching from its current system of elections for judges – one of the biggest in the state’s history. It resulted in the resignation of state Supreme Court Justice Joan Orie Melvin, after she was found guilty of using state employees to run her reelection campaign. One of her sisters, a former state Senator, is already serving prison time after pleading guilty to using state employees to work on her own and Melvin’s campaigns, then forging documents to cover it up.

  • June 1, 2012
    Guest Post

    By Michigan Supreme Court Justice Marilyn Kelly and retired Sixth Circuit Judge James L. Ryan. Justice Kelly will participate in a panel on judicial campaigns and public confidence in the courts during the American Constitution Society’s National Convention in June.


    Since the turn of the century, Michigan has gained a reputation for Supreme Court election campaigns that are among the most expensive, least transparent and most partisan in the country. Our campaign ads have been among the most offensive. That is why we convened a bipartisan task force of prominent Michiganders to study how Supreme Court justices are selected across the nation and recommended improvements to Michigan’s Supreme Court selection process.

    The 2010 candidates for the Michigan Supreme Court raised a total of $2.6 million. The political parties and state-based interest groups reported spending another $2.5 million. But data collected from the public files of state television broadcasters and cable systems showed that an additional $6.3 million was spent by the political parties and interest groups. Michigan law does not require this candidate-focused “issue” advertising to be reported in the state campaign finance disclosure system.

    This was not the first time that the majority of money spent in a Michigan Supreme Court campaign was undisclosed to the public. For the elections from 2000 through 2010, $21.5 million was reported and $20.8 million was paid for undisclosed television advertising.

  • June 1, 2011

    Have you ever thought about becoming a judge? Even most lawyers and law students don’t know much about how to approach the process, the National Asian Pacific American Bar Association’s Tina Matsuoka pointed out during an event on the topic yesterday.

    ACS and seven other legal groups have launched a publication, “The Path to the Federal Bench,” intended to help demystify the process and encourage people from diverse backgrounds to pursue federal judgeships. The booklet includes tips on everything from assessing your candidacy to navigating the increasingly difficult nomination and confirmation process, and features the stories of several judges.

    This coalition of groups has already held a number of panel discussions around the country about the process of pursuing judgeships, and video of some of those events, as well as a short one-on-one interview with U.S. Court of Appeals for the Fourth Circuit Judge Andre M. Davis, is available at a new ACS web page focused on the path to the bench.

    “There’s been a very poor job of reaching out to people at the beginning of their careers,” ACS Executive Director Caroline Fredrickson explained during a press briefing yesterday, expressing hope that this effort will add much-needed diversity to our courts.

    The groups releasing this publication include ACS, the Hispanic National Bar Association, Justice at Stake, the National Asian Pacific American Bar Association, the National Association of Women Judges, the National Bar Association, the National Congress of American Indians and the National LGBT Bar Association.

    Read the new publication here, and learn more about the process of becoming a judge here. To learn more about now-pending judicial nominations and the judicial vacancy crisis on our federal courts, visit JudicialNominations.org.