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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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