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91 Judicature 27 (2007-2008)
Canons, Cost, and Competition in State Supreme Court Elections

handle is hein.journals/judica91 and id is 27 raw text is: early every state that 0 1 bel me more Ielects its judges sub- A state by state study of all partisan competitive and more %jects its judicial can- expensive, many fear that didates to restrictions on and nonpartisan elections between 1998 the Supreme Court's what they can say or do and 2004 shows considerable variation in decision limiting states' during campaigns in an abilities to regulate candi- effort to protect the the effects of the canons ofjudicial ethics date speech during judi- integrity and impartiality on campaign spending and cial elections will result in of the judiciary from the louder, nastier, more clamor of electoral poli- communication with voters, expensive elections that tics. In Republican Party oj' may threaten the integrity Minnesota v. Wkhite,' the U.S. Supreme Court struck down and independence of the judiciary. one such restriction, prompting much concern and spec- The watchdog organization Justice at Stake provides ulation about the future of judicial elections. As judicial some anecdotal evidence to support this contention. For I would like to thank Holly Ross for her research assistance and Paul Parker for his helpful comments on earlier drafts of the article. Any mistakes are, of course, my own. 1. 536 U.S. 765 (2002) 2. Deborah Goldberg ct a., Fur NTxw PotITCs OF JUitDIcw ELECTIONS 28. (New York: Justice at Stake Campaign, 2005). Accessed online at http://wwjstceatstake.org/files/NewPolitics Report2004pdf (last visited Jan 29, 2007). 3. Id. at 29 example, in 2003 Judge Max Baer openly campaigned as a pro-choice Democrat and won a seat on the Pennsylva- nia Supreme Court.- In the 2004 election, a candidate in Ohio stated his positions on issues that were actively before the court for which he was campaigning, while a candidate for the Montana Supreme Court declared her positions on a variety of issues and attacked her oppo- nents who refused to do so as cowards. Volume 91, Number 1 July-August 2007 JUDICATURE 27 gann$ g0t08nt CMp0NZ

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