state supreme court

Flood Of Money Pouring Into State Judicial Races, ABC Reports

I've been worried about the money pouring into judicial elections ever since I read John Grisham's "The Appeal."

The book is based on Caperton v. A.T. Massey Coal in West Virginia, detailing the strong financial support and friendship between the judge and the defendant. The judge refused to recuse himself. And as blogger AngryYoungDem points out:

Elected judges become additional legislatures. Want to get rid of punitive damages against corporations? Bankroll a candidate who supports corporate interests. Can't get the legislature to pass a gay-marriage bill? Bankroll 3-5 gay-marriage supporters and stack the state supreme court. Judicial elections are cheaper anyway, so you save money by focusing on elected judges instead of elected representatives.

And now, even Supreme Court justices are speaking out:

In rare public remarks last week, U.S. Supreme Court Justice Ruth Bader Ginsburg said the money involved in electing judges remains one of the most pressing concerns facing the American court system. And she joined her former colleague, Sandra Day O'Connor, in calling for reform.

"If there's a reform I would make, it would be that," Ginsburg said when asked about the issue at the National Association of Women Judges Thursday night.

Yet money has continued to pour into the campaign accounts of state judges around the country, and ABC News has obtained an advanced copy of a study showing the amounts involved are unprecedented.

In the past decade, candidates for state judgeships raised more than $206 million, more than double the $83 million judges raised in the 1990s, according to the soon-to-be released study by the Brennan Center for Justice at NYU School of Law and Justice at Stake, two non partisan groups that advocate for reforming the judicial selection process.

Three of the last five state Supreme Court election cycles topped $45 million. And judges shattered fundraising records in all but two of the 21 states with contested Supreme Court elections in the last ten years, the report found.

"State judicial elections have been transformed," the report says, and the money involved has created "a grave and growing challenge to the impartiality of our nation's courts."



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I was taking a look at Gov. Chris Christie's budget today and then I saw this. Will New Jersey follow in California's footsteps and start governing by mood ring?

A state appeals court today ruled New Jersey’s secretary of state must accept a petition a citizens group filed to recall U.S. Sen. Robert Menendez, but left open the question of whether the removal effort itself is constitutional.

The three-judge panel stayed its ruling to give Menendez (D-N.J.) the opportunity to appeal to the state Supreme Court.. The senator has 45 days to file an appeal but did not say today whether he would. He called the recall effort a "political stunt" that won’t distract him from doing his job.

"This an organization trying to undemocratically and unconstitutionally overturn an election in which more than 2 million New Jerseyans voted," said Menendez, whose term expires in 2012. "My focus continues to be on job creation legislation and delivering a successful extension of my local property tax relief bill."

The court found existing New Jersey law and the state’s constitution both allow U.S. senators to be recalled. For that reason, the appeals court said, the removal effort can proceed. But noting the absence of case law and precedent, it left the ultimate question of the constitutionality of the state’s recall law and amendment to a higher court.

"There are a host of genuine arguments and counterarguments that can be articulated and debated about whether or not the Federal Constitution would permit a United States Senator to be recalled by the voters under state law," the appellate judges said.

"I’m pleased," said Dan Silberstein, attorney for the Committee to Recall Senator Menendez, which is backed by the New Jersey chapter of the conservative Tea Party movement. "I think the appellate court made the right decision on where the case is procedurally."

Menendez’s attorney disagreed.

"The U.S. Constitution is clear that a senator’s term is six years and is not subject to recall," said Marc E. Elias. "The state attorney general correctly argued before the court that a recall is unconstitutional and a clear disservice to voters who take part in a petition process that is invalid. We are pleased the court stayed this opinion until the appeals process is completed."


Pennsylvania GOP Uses Hammer And Sickle Symbols For O-bama

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Those classy guys in the GOP. Will Bunch:

Some of 55 years after the vicious, Red-baiting tactics of Joseph McCarthy were repudiated by America's better angels, the state GOP is picking up the tattered banner of McCarthyism and running with it -- literally, in fact, with this banner ad (top) on a popular political Web site. In this case, it's hard to say what is more appalling -- equating the sitting president of the United States with the Soviet dictators who slaughtered their political enemies and sent others to brutal gulags, or the cause this ad is promoting: The election of a judge to the Pennsylvania Supreme Court.

The ad was was first noticed on the Pennsylvania blog Gort42 (also h/t downwithtyranny) -- it appears on the top of the website GrassrootsPA, which is the leading state-oriented conservative Web site in Pennsylvania. Last night, the image -- as captured and posted by Gort42 and now here -- and this ad was at top of the site when I first visited there around 10:30; later in the night, the same banner displayed a different message -- about bailouts, healthcare and the stimulus. It's not clear whether the image with the hammer-and-sickle "Obama" was replaced or whether it alternates with the other message.

It's not the first time that the Pennsylvania Republican Party has used extreme rhetoric about Barack Obama. Last fall, when he was the Democratic nominee -- as reported here at Attytood -- the state GOP chairman Robert Gleason issued a press release that called Obama "a terrorist's best friend." This new ad also picks up a theme that gained attention earlier this fall in Kansas City, when an anti-Obama billboard placed on I-70 had the Soviet hammer-and-sickle emblem with the message: ""How do you like your change now? Obama Nation. They are coming for you! The Taxpayer. First and Second Amendments are in jeopardy. Live free or Die."

My god, these are the same party who destroyed CDs and sent death threats when the Dixie Chicks said they were embarrassed to be from the same state as GWB and demanded Congress react to MoveOn's ad "Gen. Betray-Us?". But yet they throw around loaded symbols and allusions to some of the most brutal regimes of the last century, and think nothing of it.