In February 2008, JRLC  approved Impartial Judges in Minnesota. In this paper, JRLC discusses the threat to our independent judiciary given recent federal court rulings, and points out some of the religious principles and teachings that undergird our views on justice and the rule of law.

At the 2009 Day on the Hill JRLC prepared this one-page briefing:


Background
In the 2002 White decision, the U.S. Supreme Court struck down by a 5-4 vote Minnesota’s judicial canon that prohibited candidates from stating their views on “disputed legal and political issues.” Subsequently in 2005, the Eighth Circuit Court of Appeals struck down additional Minnesota judicial canons based on the White decision.

Following these federal court decisions Minnesota judicial candidates are now able to:
•    Announce their views of legal and political issues;
•    Announce their party affiliations;
•    Seek, accept, and use party endorsements;
•    Address party gatherings such as conventions;
•    Directly ask for campaign contributions to groups of 20 or more.

With Minnesota’s judicial canon of ethics now decimated Minnesota will become more like other states and experience highly partisan races and escalating fundraising to influence judicial election outcomes. One recent contest took place in Wisconsin in 2007 where $6 million was spent for an open seat on their Supreme Court. An Illinois contest cost $9 million; in Alabama, $14 million. More than half of this amount was spent by special interests, including business groups, unions, and attorneys. In the last four elections, judicial candidates in contested races throughout the country have spent $155 million on their campaigns, and special interest groups and political parties have spent tens of millions more.

These trends demonstrate that high-priced, partisan judicial elections will inevitably reach Minnesota. And once high-priced negative campaigning hit our state, it will be difficult to change the system because of the influence of those special interests.

The independent Citizens Commission for the Preservation of an Impartial Judiciary (chaired by former Governor Al Quie and known as the “Quie Commission”) and the League of Women Voters in Minnesota released important studies regarding the judicial selection process in Minnesota and other states. JRLC joins the Quie Commission and the League of Women voters in calling for a judicial selection system that relies on four steps:

• Merit Nominations
• Gubernatorial Appointment
• Performance Evaluation
• Voter Retention Elections

2009 Legislative Issue
Will the legislature act to preserve Minnesota’s impartial judiciary?

JRLC Position
JRLC recommends that the state constitution be amended to allow for gubernatorial appointment, public performance evaluations, and retention elections for district court and appellate judges.

Bottom-line
• Move legislation forward to preserve Minnesota’s impartial courts so the constitutional amendment question can appear on the ballot in 2010. Support HF 224 (Simon) and SF 70 (Rest).