State Judges for Sale

By Michael Scherer

This article appeared in the September 2, 2002 edition of The Nation.

August 15, 2002

For months District Judge Jim Parsons, a candidate for the Texas Supreme Court, has spent his free time dialing for dollars. In a state primed for political change by an influx of Latino voters, he is one of five Democratic candidates who hope well-placed campaign spending will help break the Republican Party's lock on the high court. But to compete he must first beg for thousands of dollars from the very lawyers and litigants whose fortunes are determined by judges just like him.

"I'm sitting here right now, looking at a notebook where I have all the towns broken down and the lawyers listed," Parsons said woefully on a recent afternoon devoted to fundraising. Each name demanded a phone call. And each phone call required a careful dance. Unlike a politician, Parsons cannot promise political favors in exchange for campaign lucre. He cannot predict his rulings on any future cases. But because of a June ruling by the US Supreme Court, his donors may soon expect more. In a divided decision, the court removed barriers that have historically kept Parsons and his fellow candidates from taking public positions on political disputes. Judges and lawyers have traditionally held that such public discussion of issues like abortion or the death penalty might hamper judges from deciding each case on its own merits.

The ruling is likely to exacerbate a crisis of credibility already gripping many of the thirty-nine states that elect appellate judges. In 2000, direct contributions to state Supreme Court campaigns rocketed nationally to $45.6 million, a 61 percent increase over the previous peak in 1998 and twice as much as in 1994. The flood of money is driven by a fierce battle over judicial philosophy that has pitted trial lawyers, consumer advocates and unions against corporations, their attorneys and their trade associations. In recent years, the corporate interests have gained the upper hand thanks in part to a vast investment in voter education campaigns that skirt disclosure rules, while hammering away at the idea of impartial legal review.

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About Michael Scherer

Michael Scherer is a freelance writer based in New York City. more...
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