ANNAPOLIS, Md., March 9, 2010—Noting a sharp rise in national spending on court elections, the Justice at Stake Campaign testified today at a Maryland hearing on whether to end competitive elections for trial court judges.
Speaking to the Senate Judiciary Committee, Bert Brandenburg, Justice at Stake’s executive director, said special-interest spending on court elections undermines public trust that elected judges are fair and impartial in cases involving campaign benefactors.
“The new politics of judicial elections has convinced many Americans that justice is for sale,” Brandenburg said. “Maryland’s circuit courts may not face this problem at this moment. But if special interests decide to descend on a circuit court contest, big money will surely follow.”
Maryland judges initially are appointed to the bench. But whereas Supreme Court and appellate judges face one-candidate retention elections, trial judges face partisan competitive elections, which typically are associated with much higher campaign costs.
A bill supported by Attorney General Douglas Gansler would shift trial judges to the retention-election system. On March 3, former Justice Sandra Day O’Connor spoke in favor of the proposed constitutional amendment, which would require voter approval.
According to Justice at Stake data, state Supreme Court candidates raised $206.4 million in 2000-09, more than double the $83.3 million raised in the 1990s. While spending is far less at the trial court level, Brandenburg noted that spikes in lower-court fundraising have been reported in Los Angeles and Madison County, Illinois. And in 2006, heavy fund-raising by Las Vegas trial judges led to a major Los Angeles Times investigative series.
“Even when the fundraising race doesn’t lead to such gaudy corruption, Americans know that it is a fishy business, asking judges to raise money from parties who appear before them,” Brandenburg told the panel.
To see Brandenburg’s complete testimony, click here.
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The Justice at Stake Campaign is a nonpartisan, nonprofit campaign working to keep America’s courts fair and impartial. Justice at Stake and its 50-plus state and national partners educate the public, and work for reforms to keep politics and special interests out of the courtroom—so judges can protect our Constitution, our rights and the Rule of law. For more about Justice at Stake, go to www.justiceatstake.org, or www.gavelgrab.org.
