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52 Ariz. L. Rev. 207 (2010)
Big Money and Impartial Justice: Can They Live Together

handle is hein.journals/arz52 and id is 215 raw text is: BIG MONEY AND IMPARTIAL JUSTICE: CAN THEY LIVE TOGETHER? Bert Brandenburg* Many Americans believe that justice is for sale. Over the past decade, polling data has shown that a majority of Americans believe campaign contributions can tilt the scales of justice by influencing courtroom decisions. Two recent US. Supreme Court cases, Caperton v. A.T. Massey Coal Company and Citizens United v. Federal Election Commission, have once again drawn attention to this trend in public opinion and, in particular, to the influence of campaign contfributions on judicial decision-making. This Article provides an overview of fundraising, spending, and advertising in judicial campaigns, discusses public confidence in the courts, and explores reform efforts to protect the impartiality of the judiciary. INTRODUCTION During the past decade state judicial elections have dramatically changed. In order to get elected, judicial candidates have had to raise millions of dollars from parties who may eventually appear before them. Partisan and special interest groups have poured millions more into the campaign coffers of judicial candidates with the aim of tilting the scales of justice their way. On the campaign trail, judicial candidates face heightened pressure to signal courtroom rulings. And campaign ads are frequently nasty, misleading, and uninformative. As things grow worse, many Americans have come to fear that justice is for sale. In this Article, we examine the surge in judicial campaign fundraising over the past ten years and the key states that have seen exorbitant spending in their elections. We also look at the emergence of non-candidate groups as major players in judicial elections. We explore the trends and key spenders and show how the impact of reforms such as public financing and disclosure laws reduces the money spent on judicial elections and can help increase public confidence in the courts. * Executive Director, Justice at Stake Campaign. Justice at Stake is a nonpartisan national partnership of more than fifty organizations working to keep courts fair, impartial and independent. The opinions of Justice at Stake partners are their own. Special thanks for assistance in research and preparation of this article go to Aaron Ament and Charles Hall at Justice at Stake.

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