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Barrage of Ads Hits Tennessee Airwaves in Judicial Retention Race: Americans for Prosperity Launches Radio Ad

A significant new barrage of campaign ads hit Tennessee airwaves this week targeting three state Supreme Court justices up for retention. The politically-charged ads calls the impartiality of Tennessee's court into question.

July 23, 2014

A significant new barrage of politically-charged campaign ads hit Tennessee airwaves this week targeting three state Supreme Court justices up for retention. Among the out-of-state groups spending money to unseat the justices is Americans for Prosperity, a Koch brothers-linked dark money group that also spent money to influence state Supreme Court races in North Carolina and Florida in 2012. Other groups seeking to influence Tennessee’s retention election include the Republican State Leadership Committee, which distributed fliers, and the State Government Leadership Foundation.

The state is seeing a surge of ads both for and against Justices Gary Wade, Cornelia Clark and Sharon Lee as the August 7 retention election approaches. Early voting began July 18. While much of the advertising spending is likely to remain undocumented until the next state disclosure deadline at the end of July, public FCC files show spending on television ad contracts continues to rise, and has crossed the $400,000 threshold.      

The ads include:

  • A radio ad sponsored by Americans for Prosperity, criticizing the justices for appointing a  “liberal” Attorney General who did not oppose Obamacare.   
  • A TV ad sponsored by Tennesseans for Fair Courts, a pro-retention group, disputing claims made in ads opposing the justices. 
  • A TV ad sponsored by the Tennessee Forum, a conservative Tennessee group, claiming the justices are “liberal on crime” and “threaten your freedoms.” It urges voters to “replace the liberal Supreme Court.” The group said these ads are part of statewide campaign that will air through the election.
  • A TV ad highlighting the justices’ records, saying they upheld “nearly 90 percent of death sentences,” and urging viewers to vote in favor of their retention.
  • A TV ad from the State Government Leadership Foundation, a partner group of the Republican State Leadership Committee, criticizing the three justices for being "liberal on the Obama agenda." 
  • A TV ad in favor of Justice Gary Wade, describing him as focused on work, family and faith.
  • A TV ad sponsored by Keep Tennessee Courts Fair (the coordinated campaign to retain justices Connie Clark, Sharon Lee and Gary Wade), in which retired Tennessee Supreme Court Chief Justice Mickey Barker says "politics has no place in our courts." 

“The continued flood of money into judicial elections from all sides is already a threat to impartial justice.  But if AFP has decided to spend the kind of money in a judicial race that it has spent in other contests around the country, this could transform judicial politics in the United States,” noted Bert Brandenburg, executive director of Justice at Stake, which has been monitoring money and politics in this year’s judicial elections. “More judges are feeling trapped in a system that is persuading many people that justice is for sale.”

“The ads in Tennessee are just the latest in a disturbing trend of outside groups attempting to influence who sits on our courts,” said Alicia Bannon, Counsel at the Brennan Center for Justice. “People need to feel that judges are accountable to the law, not special interest groups pouring money into retention elections. Ads that politicize judges’ records on the bench undermine the independence of our courts.”

Since 2000, Justice at Stake, the Brennan Center for Justice and the National Institute on Money in State Politics have documented spending in judicial elections in the New Politics of Judicial Elections series (click for the latest report, The New Politics of Judicial Elections 2011-12: How New Waves of Special Interest Spending Raised the Stakes for Fair Courts.) No fundraising or advertising has been previously documented in Tennessee Supreme Court elections in the New Politics reports. As noted in the latest New Politics report, fundraising and spending in retention elections are widely considered to be a recent phenomenon.