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.

    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.

    Maggie Barron

    Impartiality Still an Issue After WV Judge’s Riviera Scandal

    It takes a lot for a sitting Supreme Court justice to lose an election, but Elliot Maynard managed....

    James Sample

    Justice For Sale

    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…

    James Sample

    Lopez Torres “Blazing a Trail”

    The Supreme Court’s reversal of the lower court decisions in Lopez Torres v. New York State Board of Elections was a major victory for the defenders of New York’s judicial selection status quo. That said…

    More Blog Entries

    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.

    More Press Releases

    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.

    Testimony of Frederick A.O. Schwarz, Jr. Before the Assembly Standing Committee on the Judiciary

    The Brennan Center’s Frederick Schwarz, Jr. testifies that New York State’s judicial convention system is unconstitutional.

    More Legislation & Testimony

    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.

    Justice for Sale

    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.

    More Analysis & Commentary