Public Financing for Judicial Elections? A Judicious Perspective on the ABA's Proposal for Campaign Finance Reform

Polity

Volumn 35, Issue 4, 2003, Pages 535-554

  Abbe, Owen G ^a   Herrnson, Paul S ^a  

^a UNIVERSITY OF MARYLAND   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0345412701     PISSN: 00323497     EISSN: None     Source Type: Journal    
DOI: 10.1086/POLv35n4ms3235452     Document Type: Review

References (97)

1. American Bar Association, "American Bar Association Adopts Recommendation Calling for Public Financing of Judicial Campaigns," Press Release, 5 February 2002.
2. American Bar Association, "Commission on Public Financing of Judicial Campaigns Report," American Bar Association Standing Committee on Judicial Independence, 2001.
3. L. Sandy Maisel, Walter J. Stone, and Cherie Maestas, "Quality Challengers to Congressional Incumbents: Can Better Candidates Be Found?" Playing Hardball: Campaigning for the U.S. Congress, ed. Paul S. Herrnson (Upper Saddle River, NJ: Prentice Hall, 2001).
4. Maisel et al., "Quality Challengers," vi-vii.
5. "Call to Action: State of the National Summit on Improving Judicial Selection," Loyola of Los Angeles Law Review 34 (2001): 1353.
6. For more detail about the survey see Ron Faucheux and Paul S. Herrnson, "What Candidates Have to Say About Campaigning," Campaigns & Elections (August 1999): 20; Owen Abbe and Paul Herrnson, "How Judicial Election Campaigns Have Changed," Judicature 85 (May-June 2002).
7. For more detail about the survey see Ron Faucheux and Paul S. Herrnson, "What Candidates Have to Say About Campaigning," Campaigns & Elections (August 1999): 20; Owen Abbe and Paul Herrnson, "How Judicial Election Campaigns Have Changed," Judicature 85 (May-June 2002).
8. Sixty-seven percent of state supreme court justices previously served on a lower court in a full-time capacity. See, John B. Wefing, "State Supreme Court Justices: Who Are They?" New England Law Review 32 (1997): 80.
9. Owen G. Abbe and Paul S. Herrnson, "How Judicial Election Campaigns Have Changed," Judicature 83 (2002): 288-89.
10. Roy A. Schotland, "Elective Judges' Campaign Financing: Are State Judges' Robes the Emperor's Clothes of American Democracy?" Journal of Law and Politics 76 (1985): 75.
11. Bancroft C. Henderson and T. C. Sinclair, "The Selection of Judges in Texas," Houston Law Review 5 (1968); Herbert Jacob, "Judicial Insulation - Elections, Direct Participation, and Public Attention to the Courts in Wisconsin," Wisconsin Law Review (1966); Kenneth Vines, "The Selection of Judges in Louisiana," Tulane Studies in Political Science 8 (1962).
12. Bancroft C. Henderson and T. C. Sinclair, "The Selection of Judges in Texas," Houston Law Review 5 (1968); Herbert Jacob, "Judicial Insulation - Elections, Direct Participation, and Public Attention to the Courts in Wisconsin," Wisconsin Law Review (1966); Kenneth Vines, "The Selection of Judges in Louisiana," Tulane Studies in Political Science 8 (1962).
13. Bancroft C. Henderson and T. C. Sinclair, "The Selection of Judges in Texas," Houston Law Review 5 (1968); Herbert Jacob, "Judicial Insulation - Elections, Direct Participation, and Public Attention to the Courts in Wisconsin," Wisconsin Law Review (1966); Kenneth Vines, "The Selection of Judges in Louisiana," Tulane Studies in Political Science 8 (1962).
14. Philip L. Dubois, "Penny for Your Thoughts? Campaign Spending in California Wal Court Elections, 1976-1982," Western Political Quarterly 39 (1986): 265-84; Charles A. Johnson, Roger C. Schaefer, and R. Neal McKnight, "The Salience of Judicial Candidates and Elections," Social Science Quarterly 59 (1978).
15. Philip L. Dubois, "Penny for Your Thoughts? Campaign Spending in California Wal Court Elections, 1976-1982," Western Political Quarterly 39 (1986): 265-84; Charles A. Johnson, Roger C. Schaefer, and R. Neal McKnight, "The Salience of Judicial Candidates and Elections," Social Science Quarterly 59 (1978).
16. Philip L. Dubois, From Ballot To Bench: Judicial Elections and the Search for Accountability (Austin: University of Texas Press, 1980): 81-92; Philip L. Dubois, "Voting Cues in Nonpartisan Trial Court Elections: A Multivariate Assessment," Law & Society Review 18 (1984): 395-436; Kenyon N. Griffin and Michael J. Horan, "Patterns of Voting Behavior in Judicial Elections for Supreme Court Justices in Wyoming," Judicature 67 (1983): 68-77; R. Neal McKnight, Roger C. Schaefer, and Charles A. Johnson, "Choosing Judges: Do the Voters Know What They're Doing?" Judicature 62 (1978): 94-99.
17. Philip L. Dubois, From Ballot To Bench: Judicial Elections and the Search for Accountability (Austin: University of Texas Press, 1980): 81-92; Philip L. Dubois, "Voting Cues in Nonpartisan Trial Court Elections: A Multivariate Assessment," Law & Society Review 18 (1984): 395-436; Kenyon N. Griffin and Michael J. Horan, "Patterns of Voting Behavior in Judicial Elections for Supreme Court Justices in Wyoming," Judicature 67 (1983): 68-77; R. Neal McKnight, Roger C. Schaefer, and Charles A. Johnson, "Choosing Judges: Do the Voters Know What They're Doing?" Judicature 62 (1978): 94-99.
18. Philip L. Dubois, From Ballot To Bench: Judicial Elections and the Search for Accountability (Austin: University of Texas Press, 1980): 81-92; Philip L. Dubois, "Voting Cues in Nonpartisan Trial Court Elections: A Multivariate Assessment," Law & Society Review 18 (1984): 395-436; Kenyon N. Griffin and Michael J. Horan, "Patterns of Voting Behavior in Judicial Elections for Supreme Court Justices in Wyoming," Judicature 67 (1983): 68-77; R. Neal McKnight, Roger C. Schaefer, and Charles A. Johnson, "Choosing Judges: Do the Voters Know What They're Doing?" Judicature 62 (1978): 94-99.
19. Philip L. Dubois, From Ballot To Bench: Judicial Elections and the Search for Accountability (Austin: University of Texas Press, 1980): 81-92; Philip L. Dubois, "Voting Cues in Nonpartisan Trial Court Elections: A Multivariate Assessment," Law & Society Review 18 (1984): 395-436; Kenyon N. Griffin and Michael J. Horan, "Patterns of Voting Behavior in Judicial Elections for Supreme Court Justices in Wyoming," Judicature 67 (1983): 68-77; R. Neal McKnight, Roger C. Schaefer, and Charles A. Johnson, "Choosing Judges: Do the Voters Know What They're Doing?" Judicature 62 (1978): 94-99.
20. American Bar Association, "Task Force on Lawyers' Political Contributions, Report and Recommendations of the Task Force on Lawyers Political Contributions: Party II 13-14" (Washington, DC: American Bar Association, 1998); Stanley Kelley Jr., Professional Public Relations and Political Power (Baltimore: The Johns Hopkins University Press, 1956).
21. American Bar Association, "Task Force on Lawyers' Political Contributions, Report and Recommendations of the Task Force on Lawyers Political Contributions: Party II 13-14" (Washington, DC: American Bar Association, 1998); Stanley Kelley Jr., Professional Public Relations and Political Power (Baltimore: The Johns Hopkins University Press, 1956).
22. Schotland, "Elective Judges' Campaign Financing," 67.
23. American Bar Association, "Task Force on Lawyers' Political Contributions," 14.
24. L. Douglas Kiel, Carole Funk, and Anthony Champagne, "Two-party Competition and Trial Court Elections in Texas," Judicature 77 (1994): 290-293; Marie Hojnacki and Lawrence Baum, "'New-Style' Judicial Campaigns and the Voters: Economic Issues and Union Members in Ohio," Western Political Quarterly 45 (1992): 921-48; Robert Moog, "Campaign Financing for North Carolina' Appellate Courts," Judicature 76, (1992): 69.
25. L. Douglas Kiel, Carole Funk, and Anthony Champagne, "Two-party Competition and Trial Court Elections in Texas," Judicature 77 (1994): 290-293; Marie Hojnacki and Lawrence Baum, "'New-Style' Judicial Campaigns and the Voters: Economic Issues and Union Members in Ohio," Western Political Quarterly 45 (1992): 921-48; Robert Moog, "Campaign Financing for North Carolina' Appellate Courts," Judicature 76, (1992): 69.
26. L. Douglas Kiel, Carole Funk, and Anthony Champagne, "Two-party Competition and Trial Court Elections in Texas," Judicature 77 (1994): 290-293; Marie Hojnacki and Lawrence Baum, "'New-Style' Judicial Campaigns and the Voters: Economic Issues and Union Members in Ohio," Western Political Quarterly 45 (1992): 921-48; Robert Moog, "Campaign Financing for North Carolina' Appellate Courts," Judicature 76, (1992): 69.
27. Wade Baxley, "Merit Selection of Judges - A Concept Whose Time Has Come," Alabama Law 60 (1999): 366; Scott William Faulkner, "Still on the Backburner: Reforming the Judicial Selection Process in Alabama," Alabama Law Review 52 (2001): 1276; Douglas Kiel, Carole Funk, and Anthony Champagne, "Two-party Competition and Trial Court Elections in Texas, " 290-93; Schotland, "Elective Judges' Campaign Financing," 75.
28. Wade Baxley, "Merit Selection of Judges - A Concept Whose Time Has Come," Alabama Law 60 (1999): 366; Scott William Faulkner, "Still on the Backburner: Reforming the Judicial Selection Process in Alabama," Alabama Law Review 52 (2001): 1276; Douglas Kiel, Carole Funk, and Anthony Champagne, "Two-party Competition and Trial Court Elections in Texas, " 290-93; Schotland, "Elective Judges' Campaign Financing," 75.
29. Wade Baxley, "Merit Selection of Judges - A Concept Whose Time Has Come," Alabama Law 60 (1999): 366; Scott William Faulkner, "Still on the Backburner: Reforming the Judicial Selection Process in Alabama," Alabama Law Review 52 (2001): 1276; Douglas Kiel, Carole Funk, and Anthony Champagne, "Two-party Competition and Trial Court Elections in Texas, " 290-93; Schotland, "Elective Judges' Campaign Financing," 75.
30. Wade Baxley, "Merit Selection of Judges - A Concept Whose Time Has Come," Alabama Law 60 (1999): 366; Scott William Faulkner, "Still on the Backburner: Reforming the Judicial Selection Process in Alabama," Alabama Law Review 52 (2001): 1276; Douglas Kiel, Carole Funk, and Anthony Champagne, "Two-party Competition and Trial Court Elections in Texas, " 290-93; Schotland, "Elective Judges' Campaign Financing," 75.
31. Anthony Champagne, "The Selection and Retention of Judges in Texas," Southwestern Law Journal 40 (1986): 53, 90; Anthony Champagne, "Judicial Reform in Texas," in Judicial Reform in the States, ed. Champagne and Haydel, 94 (Lanham, MD: University Press of America, 1993); Justice Hugh Maddox, "Taking Politics Out of Judicial Elections," American Journal of Trial Advocacy 23 (1999): 329; Glenn C. Noe, "Alabama Judicial Election Reform: A Skunk in Tort Hell," Cumberland Law Review 28 (1998): 215.
32. Anthony Champagne, "The Selection and Retention of Judges in Texas," Southwestern Law Journal 40 (1986): 53, 90; Anthony Champagne, "Judicial Reform in Texas," in Judicial Reform in the States, ed. Champagne and Haydel, 94 (Lanham, MD: University Press of America, 1993); Justice Hugh Maddox, "Taking Politics Out of Judicial Elections," American Journal of Trial Advocacy 23 (1999): 329; Glenn C. Noe, "Alabama Judicial Election Reform: A Skunk in Tort Hell," Cumberland Law Review 28 (1998): 215.
33. Anthony Champagne, "The Selection and Retention of Judges in Texas," Southwestern Law Journal 40 (1986): 53, 90; Anthony Champagne, "Judicial Reform in Texas," in Judicial Reform in the States, ed. Champagne and Haydel, 94 (Lanham, MD: University Press of America, 1993); Justice Hugh Maddox, "Taking Politics Out of Judicial Elections," American Journal of Trial Advocacy 23 (1999): 329; Glenn C. Noe, "Alabama Judicial Election Reform: A Skunk in Tort Hell," Cumberland Law Review 28 (1998): 215.
34. Anthony Champagne, "The Selection and Retention of Judges in Texas," Southwestern Law Journal 40 (1986): 53, 90; Anthony Champagne, "Judicial Reform in Texas," in Judicial Reform in the States, ed. Champagne and Haydel, 94 (Lanham, MD: University Press of America, 1993); Justice Hugh Maddox, "Taking Politics Out of Judicial Elections," American Journal of Trial Advocacy 23 (1999): 329; Glenn C. Noe, "Alabama Judicial Election Reform: A Skunk in Tort Hell," Cumberland Law Review 28 (1998): 215.
35. Paul D. Carrington, "Judicial Independence and Democratic Accountability in Highest State Courts," Law & Contemporary Problems 61 (1998): 99-107; Faulkner, "Still on the Backburner," 1275; Schotland, "Elective Judges' Campaign Financing," 76; John T. Wold and John H. Culver, "The Defeat of the California Justices: the Campaign, the Electorate, and the Issue of Judicial Accountability," Judicature 70 (1987): 359.
36. Paul D. Carrington, "Judicial Independence and Democratic Accountability in Highest State Courts," Law & Contemporary Problems 61 (1998): 99-107; Faulkner, "Still on the Backburner," 1275; Schotland, "Elective Judges' Campaign Financing," 76; John T. Wold and John H. Culver, "The Defeat of the California Justices: the Campaign, the Electorate, and the Issue of Judicial Accountability," Judicature 70 (1987): 359.
37. Paul D. Carrington, "Judicial Independence and Democratic Accountability in Highest State Courts," Law & Contemporary Problems 61 (1998): 99-107; Faulkner, "Still on the Backburner," 1275; Schotland, "Elective Judges' Campaign Financing," 76; John T. Wold and John H. Culver, "The Defeat of the California Justices: the Campaign, the Electorate, and the Issue of Judicial Accountability," Judicature 70 (1987): 359.
38. Paul D. Carrington, "Judicial Independence and Democratic Accountability in Highest State Courts," Law & Contemporary Problems 61 (1998): 99-107; Faulkner, "Still on the Backburner," 1275; Schotland, "Elective Judges' Campaign Financing," 76; John T. Wold and John H. Culver, "The Defeat of the California Justices: the Campaign, the Electorate, and the Issue of Judicial Accountability," Judicature 70 (1987): 359.
39. Lawrence Baum and Bradley C. Canon, "State High Courts as Activists: New Doctrines in the Law of Torts," State Supreme Courts: Policymakers in the Federal System, ed. Porter and Tarr (Westport, CT: Greenwood Press, 1982), 99-100; Peter Galie, "The Other Supreme Courts: Judicial Activism among State Supreme Courts," Syracuse Law Review 33 (1982): 731; Ellen A. Peters, "Capacity and Respect: A Perspective on the Historic Role of State Courts in the Federal System," New York University Law Review 73 (1998): 1065.
40. Lawrence Baum and Bradley C. Canon, "State High Courts as Activists: New Doctrines in the Law of Torts," State Supreme Courts: Policymakers in the Federal System, ed. Porter and Tarr (Westport, CT: Greenwood Press, 1982), 99-100; Peter Galie, "The Other Supreme Courts: Judicial Activism among State Supreme Courts," Syracuse Law Review 33 (1982): 731; Ellen A. Peters, "Capacity and Respect: A Perspective on the Historic Role of State Courts in the Federal System," New York University Law Review 73 (1998): 1065.
41. Lawrence Baum and Bradley C. Canon, "State High Courts as Activists: New Doctrines in the Law of Torts," State Supreme Courts: Policymakers in the Federal System, ed. Porter and Tarr (Westport, CT: Greenwood Press, 1982), 99-100; Peter Galie, "The Other Supreme Courts: Judicial Activism among State Supreme Courts," Syracuse Law Review 33 (1982): 731; Ellen A. Peters, "Capacity and Respect: A Perspective on the Historic Role of State Courts in the Federal System," New York University Law Review 73 (1998): 1065.
42. William Glaberson, "Fierce Campaigns Signal A New Era for State Courts," New York Times, 5 June 2000, A1.
43. "Bank Files Motion to Set Aside $581 Million Verdict," Associated Press State & Local Wire, 28 May 1999.
44. Bill Poovey, "Legislature Gives Final Approval To Two of Three Tort Bills," Associated Press State & Local Wire, 26 May 1999; Bill Poovey, "Legislature Gives Final Approval To Caps On Punitive Damages," Associated Press State & Local Wire, 1 June 1999.
45. Bill Poovey, "Legislature Gives Final Approval To Two of Three Tort Bills," Associated Press State & Local Wire, 26 May 1999; Bill Poovey, "Legislature Gives Final Approval To Caps On Punitive Damages," Associated Press State & Local Wire, 1 June 1999.
46. Buster Kantrow, "Business Groups Worrying Over Alabama Court Race," Wall Street Journal, 8 March 2000, S1; Bill Poovey, "Demos Disagree About Losses in Court Races," Associated Press State & Local Wire, 9 November 2000.
47. Buster Kantrow, "Business Groups Worrying Over Alabama Court Race," Wall Street Journal, 8 March 2000, S1; Bill Poovey, "Demos Disagree About Losses in Court Races," Associated Press State & Local Wire, 9 November 2000.
48. Dubois, "From Ballot to Bench," 81-92.
49. Kyle Cheek and Anthony Champagne, "Money in Texas Supreme Court Elections 1980-1998," Judicature 84 (2000): 20-25.
50. James Eisenstein, "Financing Pennsylvania's Supreme Court Candidates," Judicature 84 (2000): 10-19.
51. Kenneth Ofgang, "Bacigulapo Spending Tops $180,000 as Judicial Races Near End," Metropolitan News-Enterprise, November 4, 2002, p. 1.
52. The figure for Alejandro Is based on electronic campaign finance disclosure reports up through the "8 Day Before General Election Report" filed with the Texas Ethics Commission http:/www.ethics.state.tx.us/dfs/c&elists.htm, download date 1/15/03. For the additional twenty judges spending over $ 100,000, see, Texans for Public Justice "Luddite PACs and Candidates: Texas Political Funds That Dodge the Internet," October 2002, p. 11, http://www.tpj.org/reports/luddttes02/luddites02.pdf, download date 1/15/03.
53. The figure for Alejandro Is based on electronic campaign finance disclosure reports up through the "8 Day Before General Election Report" filed with the Texas Ethics Commission http:/www.ethics.state.tx.us/dfs/c&elists.htm, download date 1/15/03. For the additional twenty judges spending over $ 100,000, see, Texans for Public Justice "Luddite PACs and Candidates: Texas Political Funds That Dodge the Internet," October 2002, p. 11, http://www.tpj.org/reports/luddttes02/luddites02.pdf, download date 1/15/03.
54. Of course, the party affiliations of these candidates are no secret. Indeed, in states like Ohio judicial candidates run in party primaries to determine who will appear on the general election ballot.
55. According to Federal Elections Commission data for the 2000 election, major party U.S. House candidates in the general election spent an average of $619,177. Major party U.S. Senate candidates running in the general election average the substantial larger sum of $5,404,377.
56. A nation-wide survey of candidates running during between 1996 and 1998 shows that major party state senate candidates running in the general election spent an average of $ 60,951. State house candidates spent roughly half that amount, averaging $ 32,042. See, Paul S. Herrnson, "Campaign Assessment and Candidate Outreach Project," Center for American Politics and Citizenship, University of Maryland, 2000.
57. Anthony Champagne and Kyle Cheek, "PACs and Judicial Politics in Texas," Judicature 80 (1996): 26-27; Anthony Champange, "National Summit on Improving Judicial Selection: Interests Groups and Judicial Elections," Loyola of Los Angeles Law Review 34, (2001): 1391; Traciel V. Reid, "PAC Participation in North Carolina Supreme Court Elections," Judicature 80 (1996): 21-29.
58. Anthony Champagne and Kyle Cheek, "PACs and Judicial Politics in Texas," Judicature 80 (1996): 26-27; Anthony Champange, "National Summit on Improving Judicial Selection: Interests Groups and Judicial Elections," Loyola of Los Angeles Law Review 34, (2001): 1391; Traciel V. Reid, "PAC Participation in North Carolina Supreme Court Elections," Judicature 80 (1996): 21-29.
59. Anthony Champagne and Kyle Cheek, "PACs and Judicial Politics in Texas," Judicature 80 (1996): 26-27; Anthony Champange, "National Summit on Improving Judicial Selection: Interests Groups and Judicial Elections," Loyola of Los Angeles Law Review 34, (2001): 1391; Traciel V. Reid, "PAC Participation in North Carolina Supreme Court Elections," Judicature 80 (1996): 21-29.
60. Samantha Sanchez, "Money in Judicial Politics," The National Institute on Money in State Politics, March 21, 2001.
61. Small contributions are those that fall below the threshold established under state laws requiring itemized contribution disclosure. In most states the threshold is set at either $100 or $200.
62. "Payola Justice," Texas for Public Justice (1998).
63. Buckley v. Valeo, 424 U.S. 1 (1976). Note 52 defines express advocacy as "words of advocacy of election or defeat, such as Vote for,' 'elect,' 'support,' 'cast your ballot for,' 'Smith for Congress,' 'vote against,' 'defeat,' 'reject.'"
64. Daniel C. Vock, "Outside Voices Taking Role in Judicial Races, " Chicago Daily Law Bulletin, 7 November 2000, 1.
65. Paul Payne, "Political Watchers Say Ousted Chief Justice Not Aggressive Enough," Associated Press State & Local Wire, 9 November 2000.
66. Andrew Welsh-Huggins, "Contentious Race Illustrates High Stakes of Court Decisions," Associated Press State & Local Wire, 4 November 2000.
67. Colorado Republican Federal Campaign Committee a. Federal Election Commission, 116 S. Ct. 2309 (1996).
68. David Shepardson, "Stakes Rise in Court Race: Special Interests Pour $15 Million into Battle for Control of State Justices," The Detroit News, 31 October 2000, 1.
69. Sanchez, "Money in Judicial Politics."
70. Calculated by the authors from figures in Sanchez, "Money in Judicial Politics," 26.
71. Buckley v. Valeo, 424 U.S. 1 (1976).
72. David Rottman and Roy A. Schotland, "National Summit on Improving Judicial Selection: What Makes Judicial Elections Unique?" Loyola of Los Angeles Law Review 34 (2001): 1369, quoting Edward G. Ryan, "Elective Judiciary," Address at the Wisconsin Constitutional Convention, 30 November 1846.
73. David Rottman and Roy A. Schotland, "National Summit on Improving Judicial Selection: What Makes Judicial Elections Unique?" Loyola of Los Angeles Law Review 34 (2001): 1369, quoting Edward G. Ryan, "Elective Judiciary," Address at the Wisconsin Constitutional Convention, 30 November 1846.
74. American Bar Association, "Preamble," Model Code of Judicial Conduct, 1990.
75. Roy Schotland, "National Summit on Improving Judicial Selection: Campaign Finance in Judicial Elections," Loyola of Los Angeles Law Review 34 (2001): 1490.
76. Republican Party of Minnesota o. White, 122 U.S. 2528 (2002); Terry Carter, "Limit on Judicial Speech Thrown Out," ABA Journal, 2 July 2002.
77. Republican Party of Minnesota o. White, 122 U.S. 2528 (2002); Terry Carter, "Limit on Judicial Speech Thrown Out," ABA Journal, 2 July 2002.
78. Schotland, "National Summit on Improving Judicial Selection," 1491-92.
79. Richard Fenno Jr., Home Style: House Members In Their Districts (Boston: Little Brown, 1978); Paul S. Herrnson, Congressional Elections: Campaigning at Home and in Washington, 3rd ed. (Washington, DC: CQ Press, 2000), 252.
80. Richard Fenno Jr., Home Style: House Members In Their Districts (Boston: Little Brown, 1978); Paul S. Herrnson, Congressional Elections: Campaigning at Home and in Washington, 3rd ed. (Washington, DC: CQ Press, 2000), 252.
81. American Bar Association, "American Bar Association Adopts Recommendation Calling for Public Financing of Judicial Campaigns," 31.
82. ABA, "Public Financing."
83. ABA, "Public Financing," 44-48.
84. The four candidates for the Ohio Supreme Court combined spent a total of $2.4 million. The Chamber of Commerce spent at least $2.8 million on an Issue advocacy campaign. See Welsh-Huggins, "Contentious Race Illustrates High Stakes of Court Decisions," Associated Press State & Local Wire, 4 November 2000.
85. American Judicature Society, "Judicial Selection in the States: Appellate and General Jurisdiction Courts," (2000).
86. Peter D. Webster, "Selection and Retention of Judges: Is There One 'Best' Method?" Florida State University Law Review 23 (1995): 35; Charles H. Sheldon and Linda S. Maule, Choosing Justice: The Recruitment of State and Federal Judges (Pullman: Washington State University Press, 1997): 128-34.
87. Peter D. Webster, "Selection and Retention of Judges: Is There One 'Best' Method?" Florida State University Law Review 23 (1995): 35; Charles H. Sheldon and Linda S. Maule, Choosing Justice: The Recruitment of State and Federal Judges (Pullman: Washington State University Press, 1997): 128-34.
88. Patrick Winston Dunn, "Judicial Selection and the States: A Critical Study with Proposals for Reform," Hofstra Law Review 4 (1976): 286.
89. American Bar Association, "Reports with Recommendations to the House of Delegates 2002," Midyear Meeting, Philadelphia, Pennsylvania, 4-5 February 2002.
90. John Felice, John Kilweln, and Eliot Slotnick, "Judicial Reform in Ohio," in Judicial Reform in the States, ed. Anthony Champagne and Judith Haydel (Lanham, MD: University Press of America, 1993).
91. Bureau of Justice Statistics, "State Court Organization 1998," in Judicial Selection and Service, accessed 6 November 2001; available from 〈http://www.ojp.usdoj.gov/bjs/pub/pdf/sco9802.pdf〉, 36.
92. American Bar Association, "Commission on Public Financing of Judicial Campaigns Report," 28.
93. Michael J. Malbin and Thomas L. Gals, The Day after Reform: Sobering Campaign Finance Lessons from the American States (Albany: Rockefeller Institute Press, 1998), 56.
94. Malbin and Gais, Day after Reform, 58; ABA, "Commission on Public Financing of Judicial Campaigns Report," 28-29.
95. Malbin and Gais, Day after Reform, 58; ABA, "Commission on Public Financing of Judicial Campaigns Report," 28-29.
96. Herrnson, Congressional Elections: Campaigning at Home and in Washington, 3rd ed., 265-87.
97. The Democrats control the executive and legislative branches in Alabama. Republicans control the executive and legislative branches in Michigan and Texas. In Illinois and Ohio Republicans control the governship and the senate.