Nov 02 2009

Money, Money, Money, Money

Published by Shira at 1:36 pm under Judges, Merit Selection, Opinion, Our Perspective

This is the opening for Sunday’s op-ed in the Pittsburgh Post-Gazette by Lynn Marks and Shira Goodman of PMC:

The O’Jays famously sang, “Money, money, money, money. Some people got to have it. Hey, hey, hey. Some people really need it.” This is certainly true of statewide judicial candidates in Pennsylvania.

Marks and Goodman explain that to run a state-wide campaign requires a lot of money, and the money usually comes from lawyers, lawfirms, unions and businesses that frequently litigate in the state appellate court system. “They give because they care about who runs the courts in which they pursue their interests.” The op-ed goes on to explain why this seemingly logical scenario creates problems: it creates a perception that campaign contributions affect decision-making in the courtroom.

The abiding symbol of our courts is the statue of Justice blindfolded, signifying that judges should not be swayed by personal bias, popular opinion, political expediency or the identity of the parties appearing before them. A judge’s personal relationships and political connections should have no influence on how cases are decided. Electing judges undermines this image. The public perceives a judge with eyes wide open, pockets bulging with campaign cash and knowledge of where the cash came from.

Even though the vast majority of judges are sincere when they explain that campaign contributions don’t affect how they decide cases, the public understandably has trouble believing this. It looks like justice is for sale to the biggest campaign contributors.

Marks and Goodman then explain that the current Supreme Court race — with the candidates running an ad war and fighting about who took contributions from what entity — is only confirming for the public the poisonous influence of money in the judicial selection system.  There is only one answer: “Enough is enough. It’s time to get judges out of the fund-raising business and to put the blindfold back on. The way to achieve this is to stop electing appellate court judges.”

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