National Ad Hoc Advisory Committee on Judicial Campaign Conduct

Established by the National Center for State Courts, a non-profit
organization  improving justice through leadership and service to state courts.  
Funded, in part, by the Law and Society Program of the Open Society Institute.

HOME

MISSION

COMMITTEE & BYLAWS

CONTACT US

CO-SPONSORS

Frequently Asked Questions

·   What is a Judicial Campaign Conduct Committee?

·   Why are judicial elections a problem?

·   Why should you be concerned?

·   How can your organization contribute?

·   Why should you act now? 

·   How can the National Ad Hoc Advisory Committee assist you?

What is a Judicial Campaign Conduct Committee?  A judicial campaign conduct committee is a body specifically established for the purpose of monitoring and commenting on judicial campaign conduct.  Conduct committees may take several forms: some are statewide, while others are local.  Some are government-sponsored and can impose official sanctions; others are professional or civic associations.  Often a state or local bar association founds or sponsors conduct committees. 

All conduct committees have an important role in:

·   educating candidates regarding appropriate campaign conduct,

·   advising candidates on the appropriateness of specific advertisements,

·   helping opposing candidates reach agreement about campaign behavior, and;

·   if necessary, making public statements criticizing inappropriate conduct by candidates. 

top

Why are judicial elections a problem?  Once low key and low cost, these elections have become, in more and more states, noisier, costlier, and nastier:  

·   Millions of dollars are being spent on running for a judgeship.  

·   Negative television attack ads are being run.

·   Candidates are campaigning in ways that may threaten their impartiality and independence as judges by campaigning based on  personal views of matters likely to come before the courts.

·   Interest groups are funding advertisements that seek to eliminate judges that disagree with their specific agendas.  For examples of these types of ads, view the 2002 Campaign Ad Video (Large file - may take some time to download if using a dial-up connection).

top

Why should you be concerned?  

·   The judiciary is different from the political branches of government.  

·   The constitution of every state in which judges are elected prescribes standards that differentiate judges from other elected officials.

·   The new kinds of campaigns threaten the legitimacy and impartiality of our courts.  

·   Judicial decisions must be based on the application of the law to facts presented in a case and must be made only after hearing the evidence presented by opposing parties.  

·   Judges cannot represent any interest group, party or constituent.  The judiciary represents the law.

How can your organization contribute?  Your organization can help establish a judicial campaign conduct committee for your area on its own or in collaboration with other groups.  Conduct committees already operate in ten states, run by bar associations and civic organizations to promote appropriate campaign conduct. We believe that having such committees in place will do much to support the overwhelming majority of judges and candidates who want to campaign judiciously.

top

Why should you act now?  Previously, all states with judicial elections had canons of judicial conduct that regulated what a candidate could say or do.  For example, candidates were prohibited from taking sides on controversial political issues that might later come before them in court.  

A recent Supreme Court decision—Republican Party of Minnesota v. White—has struck down some of these provisions and has called into question the constitutionality of other canons.  The White opinion recognized, however, that the judicial role, and thus the election of judges, is unique from the role of executive branch officials and legislators. Litigation in federal and state courts is defining the full implications of the supreme court’s decision.  

As a result, some candidates for judicial office are campaigning in ways that may call to question their impartiality as judges.  

Citizen campaign conduct committees are needed to ensure that inappropriate speech is brought to the public’s attention and taken into consideration when voters choose between judicial candidates.

top

How can the National Ad Hoc Advisory Committee assist you?   The Committee invites requests for advice and assistance in forming and operating judicial campaign oversight committees.  The Committee members have a wealth of experience in conduct committees.   

The Ad Hoc Committee pursues its mission by:

·   making groups, such as state and local bar associations and civic organizations, aware of the campaign conduct committee model;

·   offering advice on the organization, procedures, and operations of such committees;

·   establishing best practices for such committees;

·   serving as a clearinghouse for the exchange of information about conduct committees and their impact; and

·   collaborating with local and national organizations to analyze issues facing such committees.

Please note that responses to requests from individual candidates or their campaigns will be limited to referrals.  Nothing the Committee says shall be construed as an endorsement of any candidate's or committee's action(s) or as legal advice.

top  

Questions or Comments - email jccc@ncsc.dni.us