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.
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 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
Blankenship’s Unconvincing on Impartiality
In a CNBC interview last week, Don Blankenship, CEO of Massey Energy Co., answered questions stemming from a recent decline in his company’s stock....
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....
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…
Illustrations by Risko
Supreme Court Reverses Decision in Caperton v. Massey
Major victory for the Rule of Law and Due Process with Supreme Court’s 5–4 vote.
Jurists, Business Leaders, Reform Groups Join “Justice for Sale” Case
High Court urged to require West Virginia judge’s recusal in suit involving campaign support.
Cert Granted in WV Coal Mine Case
Supreme Court to weigh in on money in the courtroom; grants cert in judicial elections case.
Letter and Questionnaire from Indiana Right to Life to Judicial Retention Candidate
Indiana sends letter and questionnaire to Indiana Supreme Court Chief Justice up for retention election.
Indiana Supreme Court Chief Justice’s Letter Responding to Indiana Right to Life
Indiana Supreme Court Chief Justice Randall Shepard writes letter to Indiana Right to Life declining to answer its questionnaire.
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.
Selected Press and Commentary on Caperton v. Massey
Stories covering the West Virginia case.
Dancin’ With Them What Brung Ya: Electing Appellate Judges
Donald R. Lundberg, Executive Secretary Indiana Supreme Court Disciplinary Commission, addresses a proposal before Indiana’s General Assembly to elect its appellate judges.
Experience in Other States | Supreme Court Recusal Litigation
James Sample speaking at the University of Washington School of Law on state Supreme Court elections.