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Special-Interest Spending Surges in State Supreme Court Campaigns
While Washington politicians argue over the role of money in federal elections, a growing number of states are starting to grapple with their own challenge: a tide of special-interest money flowing into local judicial races.
An exhaustive study scheduled to be released Monday shows that spending on state Supreme Court elections has more than doubled over the past 10 years, to $207 million, mirroring the surge in contributions and expenditures for other kinds of political races during the same period.
The report, produced by a trio of nonpartisan policy groups, found that much of the increase has been fueled by outside groups funding attack ads of the kind commonly found in partisan races for the White House, Congress or governors' mansions. Industry groups, trial lawyers and others are increasingly targeting specific judges for removal over rulings that hurt their financial bottom line, the report shows.
The findings come amid mounting evidence that 2010 is likely to mark a new watershed for spending in a midterm election year. The study also underscores a growing debate in legal and political circles over the influence of campaign money in judicial races, particularly in 22 states where top judges face challengers or 16 others that hold "retention" elections for judges.
U.S. Supreme Court Justice Ruth Bader Ginsburg has joined her former colleague Sandra Day O'Connor in calling on states to give up the practice of electing judges, arguing that raising campaign money and promising outcomes on the bench is antithetical to a fair judicial system.
In an introduction to the new report -- produced jointly by the Brennan Center for Justice, the National Institute on Money in State Politics and the Justice at Stake Campaign -- O'Connor says the growing influence of special interests is undermining public confidence in the courts. "Left unaddressed, the perception that justice is for sale will undermine the rule of law that the courts are supposed to uphold," O'Connor wrote.
The debate over judicial elections comes amid a flurry of defeats for proponents of campaign finance restrictions, including a U.S. Supreme Court decision allowing corporations to spend an unlimited amount of money on political races.
Interest groups and political parties on both sides have already begun ramping up spending on key state court races in Alabama and Michigan. In Iowa, conservative activists are targeting justices involved in the state's decision to legalize gay marriage.
The new study shows that total spending in state Supreme Court contests has rocketed from less than $6 million at the start of the 1990s to more than $45 million during the 2008 election cycle. Much of the activity is focused in a handful of states with open elections for their high courts, including Alabama, Pennsylvania, Ohio, Illinois and Texas, the data show.
The spending is driven in part by outside interest groups on the right, such as the Chamber of Commerce and its affiliates, and on the left, including unions and trial attorneys.
In perhaps the best-known recent example, the chief executive of Massey Coal Co. spent $3 million to help elect a West Virginia high-court judge, who then participated in a case overturning a $50 million verdict against the company. The case led to a landmark ruling from the U.S. Supreme Court, which found that excessive campaign contributions can create an unconstitutional threat to a fair trial.
"What you've got now is an industrialized apparatus to turn high-court races into arms races," said Bert Brandenburg, executive director of Justice at Stake.
"There's an instinct among the public that courts are supposed to be different than the rest of the government, at least somewhat. The question is whether the courts can stay impartial if they become overwhelmed with cash," Brandenburg said.
In Wisconsin, a pair of high-profile contests in 2007 and 2008 attracted millions from outside groups focused on whether to curb lawsuits and damages awards. Those on the winning side in both races included the conservative Club for Growth, while organized labor and progressive groups spent heavily on the losers, the study shows.
The influx of hardball politicking prompted Wisconsin to enact public financing of its Supreme Court races in 2009, a system that is now under challenge in the courts.
Jeff Patch, spokesman for the Center for Competitive Politics, which is challenging the Wisconsin system, says complaints about spending on judicial races are overblown.
The group does not take a position on whether states should hold judicial elections, but those that do must not limit the free-speech rights of voters or candidates, he said.
"Part of our argument is that there isn't a different First Amendment standard for judicial campaigns," Patch said.

15 Comments so far
Show AllBig money is corrupting the common good of our society, namely, the institutions of governance, justice, truth, education, inheritance, trust among people, and even language.
Recognizing this fact about our society is not, however, tantamount to demonizing money. The problem is not the institution of money, but rather the relationship to money and the commodification of all things and aspects of our lives (commodities being purchasable entities or services).
Privatize the court systems!! You can have a WALcourt on every street corner.
Exactly. For small offenses you can do 48hrs at Wal-Mart and get a discount on overnight childcare and the family gets discount coupons from the deli. For more serious crimes you get sent to Wal-Mart Furniture and Clothing Camp for reeducation and to learn new skill sets. If you're a Corporatist maybe the Club For Growth pays your way thru law school for crimes against humanity. What a ground floor business plan!
"The Center for Competitive Politics, which is challenging the Wisconsin system" ... [of] public financing of its Supreme Court races ...
*The Center for Competitive Politics was founded in 2005 by Bradley Smith, a Republican who opposes campaign finance regulations.
*CCP does not identify which companies or foundations fund it.
*The Brennan Center for Justice (which generally takes the opposite side from the CCP on questions of campaign finance and corporate speech) argues that the CCP's research is plagued by methodological flaws and inappropriate conclusions drawn from undisclosed data points.
http://www.sourcewatch.org/index.php?title=Center_for_Competitive_Politics#cite_note-3
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movetoamend.org
No surprise, once the supreme court opened the door for legal bribes, it's only natural the legal bribers would buy up the lower court system as fast as possible. The lower courts are a huge equalizer for the common citizen, and industry would prefer to own them.
...
The very practice of states electing judges is entirely inappropriate. I lived in Virginia throuhgh young adulthood (where they don't elect judges), and was fairly shocked at the practice when I moved to Kentucky, then Pennsylvania.
A judge is a professional - he is supposed to knowlegable of the law and impartial - either qualified (based on his CV/Resume) or not. A judge should certianly not be partisan or political in any way. The idea of a judge campaigning for election is as absurd as the engineers in the state DOT or DEP running for electon.
The election of judges is another one of those odd, contrary USAn things that isn't done anywhere else in the democratic world. And, if the world knew, we would be even a bigger laughingstock than we already are becoming.
'the perception that justice is for sale will undermine the rule of law'
Ummm, what perception? The author and the person quoted is a bit mad to think that justice isn't for sale.
Even in systems where the judges are appointed, the rich can buy the better lawyers, but the poor are screwed. Show up to court in a suit and tie, with a fresh haircut, and you'll get a far lesser punishment than if you show up not looking like a preppie...
But what alternative is being suggested? Should partisan governors be the ones to pick the judges? Let's see, Governor Rick Perry could pick all of the Texas judges. Does that sound good to anyone? I agree that there is a problem and I have lived in states where judges were elected, some were partisan elections and some non-partisan. But I would hope anyone publishing an article attacking this practice would have at least a couple of reasonable alternatives to offer.
The best thing is really to appoint the judges for life, or until they retire. Once they have that tenure, they can be free to make judgments that are supported in law, and that don't necessarily agree with the politics of the men who appoint them.
It's not perfect, but nothing is, and it's a damn sight than letting them be bought by the corporate interests.
The Judiciary is not a political office, it is a public-service job. The judges should be picked the way the civil engineers at the state DOT are picked - by a non-partisan panel that reviews their CV's and interviews them. They then get the job for as long as they perform their duties well. This is how it is done in all of the civilized world outside the US, plus fifteen US states.
In any crumbling empire everything is for sale. It's like a fire sale where the fire hasn't happened yet. If a buyer cannot be found someone will be along to steal whatever is left.
Granted, but that means THIS "empire" has been CRUMBLING the BULK of my 53-years on this planet!
It's still the same old corupt system, if you have money you can buy anything. If you think the supreme court judges that put Bush into power back in 2000 weren't bought, then think again. Best coruption in the world is flourishing right here in the good old USA and wont be ending anytime soon. It's time to put all those running for goverment positions on an eight year limit, same as the president.