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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...