Public funds for judicial campaigns

March 22, 2010
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Judicial elections and merit selection of judges is a hot topic in Indiana. Just take a look at bills or resolutions introduced in the General Assembly recently. You’ll see attempts to forego merit selection in favor of elections: 2009’s HEA 1491, which looked to make St. Joseph Superior judges run for election and made a brief comeback this year; and 2009’s House Joint Resolution 9 that aimed to have our justices elected. Both failed to become law.

But what if our justices and appellate judges were elected? Would you be willing to fork over your money – whether through taxes or other fees – to pay for a general election fund? West Virginia thinks it’s a good idea and has recently passed legislation that creates a public campaign financing pilot program. You may recall Caperton, et al. v. A.T. Massey Coal, 129 S.Ct. 2252 (2009), came from West Virginia.

The legislation’s aim is to curb the perception that contributors and interested third-parties hold too much influence over the judicial process. Candidates in a primary election could receive $50,000 to $200,000 from the fund; they can get anywhere from $35,000 to $350,000 in a general election. The money was to come from fees from various court filings and new lawyer registration, but legislators amended it to strip that language so now money will have to come from a state surplus fund or private funds. You can read the legislation online. It’s set to become effective June 11.

West Virginia joins North Carolina, New Mexico, and Wisconsin as states that publicly fund judicial races. West Virginia only has one state appellate court.

Indiana is a hodgepodge of judicial selection processes – most counties elect their judges through partisan election, although a handful uses merit-selection or non-partisan elections. All of our appellate judges are chosen by merit selection.

The idea behind the public funds makes sense in attempting to eliminate perceived bias from judges who ran for the bench politically, but it also raises plenty of questions. Should states be funding judicial elections in this economy? What if a state is set up like ours – appellate judges are appointed but trial judges run for election – should lower court candidates also receive funds? What if there isn’t enough money in the public fund for candidates? They will have to raise their own money again, and that defeats the purpose of the bill.

If Indiana ever went the judicial election route for our appellate judges and justices, would you like to see the state create a campaign finance fund?
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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