Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court

What is the Cost to Purchase a State Supreme Court?

Chief Justice Roberts

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

The answer to the question posed in the title, in the state of Wisconsin, is $8 Million dollars.  For those of us who think Judges are not and should not be politicians, the situation in Wisconsin is especially disturbing.  However, Wisconsin is not alone in this dilemma.  Thirty nine states elect their judges and the money flowing into those campaigns is increasing the concerns of special interests “purchasing” justice. Professor Turley has also commented in the past about the alarming amounts of money flowing into judicial elections.

In a recent United States Supreme Court decision, Chief Justice Roberts weighed in on money and politics in judicial elections.  “Last week, the United States Supreme Court upheld a Florida judicial rule that prohibits candidates for election to state judgeships from personally soliciting money for their campaigns. ‘ “Judges are not politicians,” Chief Justice John G. Roberts, Jr., wrote in the majority opinion in the 5-4 decision, “even when they come to the bench by way of the ballot.” He went on, “Simply put, Florida and most other States have concluded that the public may lack confidence in a judge’s ability to administer justice without fear or favor if he comes to office by asking for favors.” ‘ New Yorker

Since Chief Justice Roberts opined that judges should not be politicians and therefore should not be personally soliciting money for their campaigns, the Williams-Yulee v. Florida Bar decision linked above, may alter State court justices from spending their way into a seat on their respective courts. Hopefully, it will at least prevent judges or judicial candidates from personally asking for donations.  How much the special interest groups who funnel money to judicial candidates will be impacted by this ruling will be answered over time.

As mentioned above, Wisconsin is not alone in the disturbing trend of big money flowing into state Judicial elections.  In my home state of Illinois, a Supreme court seat from Southern Illinois has been the focal point of special interest groups for both candidates pouring huge sums of money to make sure their candidate is elected.  In a 2004 election for an open Supreme Court seat, candidates Lloyd Karmeier and Gordon Maag and their special interest groups, spent over $9 million dollars in a hotly contested election.

In North Carolina, over $5 Million was spent on Supreme Court elections in 2014.  However, Michigan may have taken the prize for the most expensive judicial race elections in 2012.

“Michigan had the most expensive Supreme Court race in the country in 2012, with outside groups spending $13.85 million on issue ads that year. Five candidates are competing for two seats on the state Supreme Court this year, all nominated by political parties. And after leading the country in TV ad spending in 2012, Michigan is leading the pack again this year with over $4.3 million in total TV ad spending.” Christian Science Monitor

With all of this money flowing into Judicial elections, is it any wonder that even the conservative majority on the United States Supreme Court drew a line in the sand when it comes to the dangerous impact money can have in judicial elections and in the administration of justice in those states? When lobbying groups on both sides of the political spectrum spend millions on a judicial candidate, is it any surprise when decisions favoring one or more of the special interest groups become very controversial?

This out of control spending on judicial elections throughout the country should concern litigants and citizens alike.  When a judge or a candidate for a judicial position has to rely on outside lobbying groups and individual wealthy donors, how is that judge going to rule on cases that impact those donors or donor organizations? Will the judge or justice recuse themselves or as seen in the case of the Wisconsin Supreme Court, will the Justices snub their noses at the normal judicial standard of recusal?

The danger of money interests buying the Judiciary is especially apparent in the case of Wisconsin with the Wisconsin Supreme Court hearing a case on the Scott Walker John Doe investigations.

“The justices have yet to respond to a motion submitted under seal by the special prosecutor arguing that one or more of them must recuse themselves because of conflicts of interest in the case—and, perhaps, that the case should be decided by the state’s intermediate appeals court. It is understood that he named the four conservative justices. Wisconsin Club for Growth and Wisconsin Manufacturers & Commerce are parties in the case, as the conservative political organizations that joined Walker in asking the court to review the investigation. Since 2007, they have spent almost eight million dollars to elect the conservative majority of the Wisconsin Supreme Court. They have been central players in turning Wisconsin into solid evidence of how judicial elections corrode public confidence in state courts.

Under the customary recusal standard, the justices would grant the special prosecutor’s motion: their impartiality can indisputably be questioned. But, with the recusal rule the justices adopted, which allows them to hear cases involving campaign donors, and each to make his own recusal decisions, it is not clear what they will do. Some distinguished legal ethicists insist that the justices must recuse themselves even under their rule. In a friend-of-the-court brief, the scholars said, “Recusal is mandatory where there is a serious risk of actual bias based on objective considerations.” Wisconsin Manufacturers & Commerce, as it happens, was one of the business groups that drafted the court’s recusal rule.” The New Yorker

So not only are the special interests funneling huge sums of money into judicial contests across the country at an alarming pace, at least in the case of Wisconsin, one of those special interest donors is also drafting the courts recusal order language!  Does that concern you?

I think Chief Justice Roberts would at least be concerned with the spending as noted in the Williams-Yulle v. Florida Bar case decision.  I would also hope that he would be concerned with non-jurists and non-legislators writing a recusal standard for a state Supreme Court. Isn’t it time to find a better way to select judges?

What do you think?

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44 thoughts on “What is the Cost to Purchase a State Supreme Court?”

  2. Patriot (@musicman27103)
    1, May 18, 2015 at 8:03 am
    Israeli Spokeswoman Tzipora Menache said:

    “You know very well, and the stupid Americans know equally well, that we control their government, irrespective of who sits in the White House. You see, I know it and you know it that no American president can be in a position to challenge us even if we do the unthinkable. What can they (Americans) do to us? We control congress, we control the media, we control show biz, and we control everything in America. In America you can criticize God, but you can’t criticize Israel…”

    http://www.liveleak.com/view?i=830_1380022877

    The Israeli / Zionist controlled United States is the core problem
    The Jewish / Israeli lobby is the main cause of America’s tyranny
    (“AIPAC (American Israel Public Affairs Committee) exercises near total control over the electoral process in America through the ability to outspend any other group and destroy anyone who stands against them.”)

    YOU ARE RIGHT ON THE MONEY ON THIS ONE!

  3. 8 millions dollars to buy off a state supreme court is just chump change to the elites, but it only costs 10 million a year to buy off the US supreme court, because you only need to bride 5.

  4. Religion is for chumps. But we on Remulak want Planet Earth to be all strung out over religion. Otherwise you would focus on the universe and not your right to sit on a cloud when you croak.

  5. I get tired of hearing people complain about money in the political system, as if money were evil. Money is evil when used as bribes and such, but the fact is that people vote with their money. Everybody does. Accept it. It is a part of life. There is no way to stop people from voting with their money unless you take away freedom.

  12. There should be a filter to limit the number of posts on each blog item. There are already some who post multiple times, a sentence sometimes only to post another, perhaps to get some recognition as someone who participates more than the ordinary. However, the content is the reason for the success of this blog, not the inundation of LOLs and kudos to this one or that one, by nut cases, and certainly not the stuff of Patriot(musician27193)

  13. Israeli Spokeswoman Tzipora Menache said:

    “You know very well, and the stupid Americans know equally well, that we control their government, irrespective of who sits in the White House. You see, I know it and you know it that no American president can be in a position to challenge us even if we do the unthinkable. What can they (Americans) do to us? We control congress, we control the media, we control show biz, and we control everything in America. In America you can criticize God, but you can’t criticize Israel…”

    http://www.liveleak.com/view?i=830_1380022877

    The Israeli / Zionist controlled United States is the core problem
    The Jewish / Israeli lobby is the main cause of America’s tyranny
    (“AIPAC (American Israel Public Affairs Committee) exercises near total control over the electoral process in America through the ability to outspend any other group and destroy anyone who stands against them.”)

  18. Savannah Guthrie is another NBC credibility disaster
    Savannah Guthrie vouched for Obama’s forged birth certificate

    The fraud aired on NBC April 27, 2011
    https://youtu.be/2Ob3217VUow

    Savannah Guthrie is an attorney and member of the DC bar. A bar complaint has been filed against her
    Other persons of interest in this crime are DC bar members Robert F Bauer and Judith L Corley

    We have not heard about this on the media because the Local and National Media have Sold Out
    Zionist Jews Own the Media. The elite are above the law

    They have not reported;
    1.) All the U.S. invasions are Wars of Aggression – War Crimes
    2.) Obama’s birth certificates and draft card are forgeries
    3.) Obama claims to have been born in Hawaii. Hawaii governor could not find Obama’s birth certificate. Hospitals have no record
    4.) Israel and American traitors did 9/11
    5.) Vaccines are full of toxic chemicals. Vaccines cause autism and many other diseases
    6.) Obama is one of the biggest criminals in world history
    7.) Zionist Jews control America
    8.) According to the Federal Government, Obama’s Social Security number is a fake
    9.) Obama is a homosexual. His real name is Barry Soetoro
    10.) Obama was a War Criminal in 2005-2007 for voting to fund U.S. and Israeli War Crimes
    11.) Obama held offices of Illinois senator, U.S. senator and U.S. president illegally as he is not a U.S. citizen
    12.) Obama was born in Kenya and is a citizen of Indonesia
    13.) By law Obama is not the president. He can be arrested like anyone else
    14.) For swearing in an illegal president Chief Justice John Roberts is the biggest traitor in American history
    15.) Your boards of elections are corrupt in placing non-citizen, criminal Obama on the ballot
    16.) Obama surrendered his law license in 2008 due to Illinois bar application fraud
    17.) According to our Constitution Obama never qualified as a ‘Natural Born Citizen’ for the office of Presidency
    18.) Many Members of Congress have been voting to fund U.S. and Israeli War Crimes. They can be indicted as war criminals
    19.) Washington DC = Nazi Berlin in Nuremberg war crimes law
    20.) Obama, Bush and many in the U.S. government are mass murderers / war criminals
    21.) Only the ignorant, liars or cowards, will refer to Obama as president
    22.) Obama, Bush and their followers have blood on their hands before God which is the worst situation imaginable in this evil world
    23.) Obama, Bush, their followers, U.S. government and media are doing the deeds of Satan, their master
    24.) Judaism Rejects Zionism and the state of Israel
    25.) The Federal Reserve, which is not part of the Federal Government, is a Zionist Banker Mafia
    26.) Anti-Zionism is not Anti-Semitism
    27.) 3 towers came down on 9/11. It was an inside job, controlled demolition with nukes and nanothermite
    28.) The 9/11 dust was full of asbestos which causes mesothelioma, lung cancer and other serious potentially fatal diseases
    29.) By many credible reports Osama Bin Laden died of kidney failure in 2001

  19. For swearing in an illegal president Chief Justice John Roberts is the biggest traitor in American history.
    Obama’s Birth Certificate is a Fake
    “What was presented to the American people is nothing”
    The Following is a Presentation on the Fraudulent Identity Documents of Barack Hussein Obama AKA Barry Soetoro
    Presented by: Mike Zullo, Lead Investigator of the Maricopa County Sheriff’s Cold Case Posse

    https://youtu.be/PwDqXFCy0Bo

    A major fraud has been committed by NBC and its affiliates against the American people and the world
    Brian Williams, Savannah Guthrie, NBC and their affiliates have committed Treason
    OBAMA’S BIRTH CERTIFICATE IS A FORGERY
    Obama is NOT the president
    Everything Obama and his criminal administration have done / signed is ILLEGAL, NULL and VOID
    By publicly endorsing Obama’s Forged Birth Certificate;
    Brian Williams, Savannah Guthrie, NBC, Michelle Obama & Oprah have committed Treason against the United States
    The supporters of Mass Murderer, War Criminal Obama have blood on their hands
    Reed Hayes, a document examiner who has served as expert witness for Seattle law firm Perkins Coie, the very same firm that flew an attorney from Honolulu to Washington D.C. to personally deliver two paper copies to the White House (allegedly examined by Guthrie), states that Obama’s birth certificate is “entirely fabricated”.

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