Fair Courts
One of our nation's great achievements is an independent judiciary charged to defend fundamental principles of American constitutional democracy. Fair and impartial courts fulfill that trust by checking abuses of government power, promoting equal justice and the rule of law, and protecting individual and minority rights.
In recent years, the ability of courts to safeguard these core democratic values has been jeopardized by the increasing influence of money on judicial elections, attacks on judges and judicial power, and the failure of current selection systems to produce diversity on the bench. Public confidence in a judiciary that is not only independent but also accountable for its conduct has been placed at risk by the erosion of judicial ethics.
The Center's Fair Courts Project works to preserve fair and impartial courts and their role as the ultimate guarantor of equal justice in our constitutional democracy. Our research, public education, and advocacy focus on improving selection systems (including elections), increasing diversity on the bench, promoting measures of accountability that are appropriate for judges, and keeping courts in balance with other governmental branches.
North Carolina Right to Life Committee Fund for Independent Political Expenditures v. Leake
The Brennan Center is intervening to help defend the nation’s first voluntary full public financing program for judicial elections.
Lopez Torres v. NYS Board of Elections
U.S. Judge Overturns New York State Judicial Election Process in Brennan Center Lawsuit
Avery v. State Farm Automobile Ins. Co.
The case involved an Illinois Supreme Court justice who declined to recuse himself, and then ruled for one of his biggest campaign contributors. The Brennan Center filed an amicus brief.
Justices Should Know by Now—Money Is Not Speech
Whenever I admit to fellow guests at a dinner party that I work as a campaign finance lawyer, the following happens....
Heck—Right to Take WI Legislature to Task
In his Capital Times op-ed, Jay Heck takes shots at Wisconsin’s legislature for failing to act on a campaign finance reform bill, and accuses the group of quietly, “smothering it with a pillow”....
It appears supporters of impartial courts are learning their ranks may be larger than expected. On the heels of this week’s ousting of Justice Maynard from West Virginia’s high court, news appeared in the Charleston Gazette....
Illustrations by Risko
Harman Mining Company (W. Virginia recusal case)
Press release from counsel of Harman Mining Co. announcing that Ted Olson will represent them in the U.S. Supreme Court.
BC Proposal Offers Fresh Ideas and Reforms to End the Growing Threat to Judicial Impartiality
In an effort to restore trust in our justice system, the Brennan Center for Justice has published a new report that seeks to eliminate even the appearance of an imbalanced judiciary with consistent principles and rules for when a judge should step down from a case.
Wisconsin Supreme Court Election Raises New Questions About Judicial Election Reform
An African American justice on the Wisconsin Supreme Court lost his bid for re-election Tuesday in a racially charged and interest group-dominated campaign that raises new questions about the role of money in judicial campaigns.
W. Virginia Supreme Court Justice Larry Starcher - February 15, 2008 Recusal Order
11-page order describing Justice Starcher’s decision to recuse himself from participating in any more proceedings involving Massey Energy Co.
Testimony of Frederick A.O. Schwarz, Jr. Before the Senate Standing Committee on the Judiciary
Testimony concerns questions before the Legislature as a consequence of the holdings that New York State’s judicial convention system is unconstitutional.
Hugh M. Caperton et al. v. A.T. Massey Coal Company, Inc., et al. - Petition for Writ of Certiorari
In the West Virginia recusal case, a petition for certiorari was filed by Petitioners with the U.S. Supreme Court on July 2, 2008.
Wisconsin State Court, Butler Ad, Mar. 3, 2008
Ad from Wisconsin State Supreme Court race. Ad features Justice Louis Butler.
Certain American values transcend partisan divisions. One is that money should not influence the courts. But with record sums pouring into judicial elections, the ideal of due process is giving way to a perception of pay-to-play justice.