judgesonmerit.org

In a report about the current judicial elections in Alabama, The Press-Register notes:

With millions of dollars coursing into the campaign coffers of candidates for Alabama’s appellate courts, an age-old question has resurfaced: What should judges do to remove doubt about their impartiality?

It’s not just reform groups and the public who are concerned about the influence of money in judicial elections. The report explains that some judicial candidates and bar association leaders also believe that steps should be taken to eliminate the perception — and perhaps the reality — that campaign money can affect judicial decision-making.

Some of these folks are talking about whether recusal should be mandated in cases involving campaign donors.  This isn’t a new issue and it’s not unique to Alabama — we’re still waiting to hear whether the United States Supreme Court will take up the West Virginia case of Caperton v. Massey which poses similar questions.

This is just another example demonstrating why money and selecting appellate judges shouldn’t mix.

Adding to Alabama’s already expensive and nasty Supreme Court election, a Virginia-based organization has begun a series of television advertisements promoting its preferred judicial candidate, spending over $1 million to broadcast ads praising candidate Greg Shaw.  The Press-Register reports that, in response to the organization’s ads, candidate Deborah Bell Paseur’s campaign wants Shaw to demand that the third-party organization either disclose its contributors or stop broadcasting the advertisements.

‘The whole thing we’re interested in is finding out where this money is coming from,’ [Paseur's campaign manager Marion] Steinfels said. ‘Who is funding these ads?’

Factcheck.org takes a closer look at the Alabama race, carefully scrutinizing the role of the third-party organization.  Gavel Grab is also following this development.

Last year, the same Virginia-based organization broadcast similar ads leading up to the most recent Pennsylvania Supreme Court race, urging voters to “thank” one of the candidates.   Ultimately, because the ads never explicitly advocated for the election of a specific candidate, and were considered “issue ads”, the group was able to avoid disclosing its contributors.

Judicial selection and campaign money: a bad mix.