State Judicial Elections
Thirty-nine states elect at least some of their judges, and the vast majority of cases in the United States are heard by elective courts. To safeguard the rights of parties appearing before these courts, the Brennan Center works to reduce the influence of money on judicial elections. We support public financing of campaigns for the bench, reasonable limits on contributions to candidates and others engaged in electioneering, and full disclosure of campaign fundraising and spending. To protect judicial independence, we challenged a New York law that effectively undermined constitutionally required trial court elections by giving political party leaders control over selection of judges.
Wisconsin Right to Life PAC v. Michael Brennan
A federal district court in Wisconsin upheld the constitutionality of Wisconsin’s judicial public financing program. In doing so, the court found no merit to plaintiffs’ claims that the law infringed on the free speech rights of Wisconsin residents and political organizations, or their ability to participate vocally in the state’s judicial elections.
In Kirk v. Carpeneti, the Ninth Circuit Court of Appeals will determine if Alaska’s judicial selection system violates the federal Equal Protection Clause. The Brennan Center filed an amicus brief in the Ninth Circuit, defending Alaska's merit selection system.
Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia refused to recuse himself from the appeal of a $50 million jury verdict in this case, even though the CEO of the lead defendant spent $3 million supporting his campaign. Did Benjamin’s failure to recuse violate the Due Process Clause?
The American Bar Association showed its leadership by passing a resolution on judicial disqualification and urging greater transparency of judicial campaign spending.
Supreme Court Leaves State Judicial Conduct Rules Intact
On Monday, the U.S. Supreme Court let stand two decisions upholding important rules limiting the influence of money and partisan politics on the courts.
In the Brennan Center's latest round up of last week's Fair Courts news, we focus on the a highly-contested judicial race in Wisconsin, a judicial reform plan in Florida, judicial appointment systems, and more.
Illustrations by Risko
Outside Groups Dominate Spending in Judicial Elections, New Report Shows
Non-candidate spending in state high court elections nearly doubled as a share of total costs in 2009-10, compared to the previous off-year election, a new report shows.
Brennan Center Endorses ABA Judicial Disqualification Resolution
The American Bar Association’s House of Delegates is expected to vote today on a resolution calling on states to adopt new rules for judicial disqualification. Brennan Center Senior Counsel Adam Skaggs released the following statement in support of the resolution.
Citing Unique Role of Judges, Groups Urge Court to Uphold Public Finance Law
Declaring that judges play a unique role in our governmental system, two nonpartisan national reform groups urged a federal appeals court today to uphold Wisconsin’s Impartial Justice Act, which provides for public financing of state Supreme Court elections.
Letter to Tennessee Supreme Court on Proposed Judicial Conduct Rules
The Brennan Center and Justice at Stake submitted comments to the Tennessee Supreme Court urging adoption of proposed new judicial conduct rules, including a recusal rule on campaign spending. The comments were based largely on a Brennan Center report on recusal reform after Caperton, which identified the Tennessee proposal as one of the two most promising in the country.
Proposed Part 151 of the Rules of the Chief Administrator of the Courts
Letter to New York Chief Judge Jonathan Lippman on Proposed Part 151 of the Rules of the Chief Administrator of the Courts.
Testimony of Adam Skaggs on MD Judicial Elections and Senate Bill 833
The subject of today’s hearing on Senate Bill 833, would conform the selection of Maryland’s circuit court judges with the selection system used to choose other judges in Maryland. In particular, Senate Bill 833 would replace contested elections with a system of appointment and retention elections.
Campaign Cash Finds Its Way to the Courtroom
Outside the realm of presidential politics there is a looming — and very serious — threat to our justice system. Despite all the attention focused on money in politics, few Americans know how much campaign cash is pouring into courts of law, and how it threatens to undermine equal justice for all.
In Wisconsin, Judges Are Elected—But Candidates Are Now Publicly Financed
Wisconsin’s 2011 Supreme Court election has been widely criticized, but there are also some silver linings. Most importantly, this election illustrates the importance of Wisconsin’s new judicial public financing system.
Judicial Public Financing in Wisconsin — 2011
This page reflects Wisconsin judicial advertisements in 2011.