home

Buying Justice

by TChris

Some states elect judges. Other states try to remove politics from the process of judicial selection by appointing judges on the basis of merit. The federal experience shows that politics can play a decisive role in the appointment of judges, but some states use (supposedly) neutral selection panels to recommend judicial candidates, providing at least a minimal safeguard against blatantly political choices.

When judicial candidates must raise funds to campaign for election, the public wonders whether judicial decisons are influenced by campaign contributions. To avoid conflicts of interest, judges should recuse themselves from any case in which they accepted contributions from a party to the lawsuit. A NY Times investigation reveals that Ohio Supreme Court justices consistently decline to remove themselves from cases that involve campaign contributors. (A sidebar identifies similar judicial conflicts in Illinois and West Virginia.)

Justice Terrence O'Donnell ran for reelection in 2004.

In the weeks before the election, Justice O'Donnell's campaign accepted thousands of dollars from the political action committees of three companies that were defendants in the suits. Two of the cases dealt with defective cars, and one involved a toxic substance. Weeks after winning his race, Justice O'Donnell joined majorities that handed the three companies significant victories.

Justice O'Donnell voted in favor of campaign contributors a whopping 91 percent of the time. He isn't alone; every justice's campaign (all but one of the seven justices presently on the court are Republicans) accepted money, and as a group the justices favored their contributors 70 percent of the time. Whether or not the contributions actually influenced their judgment, the potential conflict doesn't pass the smell test. If judges are going to take corporate money, they shouldn't decide cases that could benefit contributors.

Business interests made a concerted and successful effort to turn the Ohio Supreme Court from a consumer-friendly court to a business-friendly court. They did it with money. Ohio voters, who must be sickened by the smell of corruption in their state, should find a better way to finance judicial campaigns, or eliminate them altogether.

< Gingrich on Foley: The Spin They're In | An Expert on Torture? >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Re: Buying Justice (none / 0) (#1)
    by cpinva on Sun Oct 01, 2006 at 11:06:08 AM EST
    quick solution: buy your own judge. as near as i can tell, it's already been established that they're whores, it merely remains to ascertain their price.

    Re: Buying Justice (none / 0) (#2)
    by cpinva on Sun Oct 01, 2006 at 11:06:08 AM EST
    i owe wh*res an apology, they're at least honest about their work, they make no pretense of being anything other than what they are. that alone deserves my respect.

    Re: Buying Justice (none / 0) (#3)
    by msobel on Sun Oct 01, 2006 at 03:55:50 PM EST