Litigation

Need for Disclosure Rules in State Courts Highlighted

By Peter Hardin

There is a ?particularly acute? need for strict disclosure rules in state judicial elections, the Brennan Center for Justice?s Adam Skaggs asserted this week.

State policy makers need to make such disclosure rules a high priority in order to protect fair and impartial courts from rising special interest spending in judicial campaigns, Skaggs wrote.

He made the call after a congressional panel held a hearing on the DISCLOSE Act to require greater disclosure on corporate spending for political elections; it was drafted by Democratic lawmakers to soften the impact of the Supreme Court?s Citizens United decision.

Without strong disclosure rules, voters may not be aware of the activity of some groups that spend money on judicial campaigns, Skaggs said in a Brennan Center statement. He gave the example of a group called ?And for the Sake of Kids.? A coal company executive funneled $2.5 million through it to help elect a more sympathetic judge in West Virginia in 2004, when a case involving the coal company was pending .

The executive?s massive political spending became a poster case for reform advocates when the Supreme Court issued a landmark decision last year in Caperton v. Massey. The high court ruled it was unconstitutional for the judge to hear a case involving the financial interests of a major donor to his election campaign.

Skaggs called on state legislators to weigh bills similar to the DISCLOSE Act, and for judges to enact new rules for greater disclosure and to ensure fair courts after the campaigns have ended.

He suggested three types of disclosure rules that state courts should pass:

• For judges to disclose facts that might affect their ability to be impartial.
• For parties to a case, and their lawyers, to file at the outset of a proceeding an affidavit stating money they donated to, or spent to oppose or support, the presiding judge.
• For judges who recuse themselves due to campaign finance issues, a requirement they explain their decisions in writing.

Brennan Center is a partner of Justice at Stake. Learn more about disclosure laws from Gavel Grab or the JAS issues page on the topic.

Full post as published by The Gavel on May 16, 2010 (boomark / email).