Litigation

Voluntary Disclosure by Judges is Urged

By Peter Hardin

In a state where  controversy flared over rules barring judges from personally soliciting campaign donation, a lawyer with a ready platform is urging that judges disclose voluntarily any campaign donations from parties in cases before them.

John David Dyche, a Louisville lawyer, writes in his occasional political column in the Louisville Courier-Journal that judicial election season is nigh in Kentucky, and questions naturally arise about campaigns and the conduct of judicial candidates and seated judges.

After reciting court rulings at both the regional and national level, including the Supreme Court’s landmark recusal decision in Caperton v. Massey, and noting the frequency of lawyers’ donations to campaigns, Dyche concludes:

“It would be best for everyone if judges took the initiative to routinely disclose to parties complete, current information about campaign contributions from attorneys in pending cases. This would eliminate any appearance of impropriety or questions about the judge’s rulings and promote public confidence in the judiciary ? especially if the rule against direct judicial solicitation falls.”

He was referring to U.S. District Judge Karen Caldwell’s striking down in 2008 a judicial conduct rule barring judges and judicial candidates from personally soliciting campaign donations. You can read about the decision from Kentucky Law Review. A federal appeals court has heard oral arguments in challenges to several judicial conduct rules; Dyche’s commentary notes that his law firm represents parties defending rules that were challenged.

Full post as published by The Gavel on February 18, 2010 (boomark / email).