Judicial Elections and Campaign Finance Reform

Abstract

In the judicial realm, the issue of campaign finance cuts across all states that use any form of election as part of their selection or retention system, whether the elections are partisan or non-partisan. The raising of money for campaigns is a task that has to be performed in all states that use any form of election. Like many other things that we have discussed today it seems to involve a sort of balancing act. The state certainly has a strong interest in protecting the integrity of its judiciary and encouraging the public perception of the judiciary as an institution of integrity and honor. On the other hand, there are obviously First Amendment interests of the candidates and then contributors to be taken into account. There seem to be three questions that we should take up today, to one degree or another. First of all, what is the range of current practice in campaign fundraising - on behalf of judicial candidates? Secondly, what, if anything, would be preferable to current practice? And thirdly, what reforms, if any, would be constitutionally permissible