Executive Summary
The National Institute on Money in State Politics took a comprehensive look at judicial elections held in 2007 and 2008 in nine states: Alabama, Georgia, Illinois, New Mexico, North Carolina, Ohio, Pennsylvania, Washington and Wisconsin. Elections in these states are a mix of partisan and nonpartisan elections, with judges and justices who face the electorate in either competitive elections or retention elections.
The study revealed that in the nine target states:
- More than half of all money spent nationwide on judicial elections went to candidates in these nine states.
- Incumbents were re-elected 94 percent of the time and raised $8 million, which is 24 percent of the total raised.
- 19 (12 percent) of the 154 state candidates were members of an ethnic or racial minority. Of the 19, nine were incumbents.
- 35 percent (54) of the 154 candidates were women (23 of whom were incumbents who ran successful campaigns).
Übersicht
Women and members of ethnic or racial minorities are underrepresented in a majority of state courts across the nation.1 To determine if a correlation exists between state-level judicial candidates' electoral success, their ability to raise money, and their ethnicity, race or gender, the National Institute on Money in State Politics examined the money raised by state high court and appellate court candidates in the 35 states that held judicial elections in 2007 and 2008, published in "Diversity in State Judicial Campaigns, 2007–2008."
This study takes a focused look at nine of those states: Alabama, Georgia, Illinois, Ohio, New Mexico, North Carolina, Pennsylvania, Washington and Wisconsin.
These nine states are a mix of partisan and nonpartisan elections, with judges and justices who face the electorate in either competitive elections or retention elections. Additionally, selection criteria for the nine states was based on the availability and quality of campaign finance data, campaign finance reform policies and the diversity of the overall population.
In Alabama, judicial candidates are elected in partisan elections. In Georgia, North Carolina, Washington and Wisconsin they face the electorate in nonpartisan elections. Candidates in Ohio and Michigan appear on the general election ballot as nonpartisan but were first selected by political parties: in partisan primary elections in Ohio, and by party convention nominations in Michigan. Pennsylvania candidates first run in partisan elections and thereafter face retention elections. Illinois judicial candidates first face the electorate with a partisan label; in subsequent elections they face retention but must receive at least 60 percent of the votes cast. New Mexico judges and justices are first selected on merit and take office through appointment, then run in partisan elections at the next general election but thereafter face retention.
Broad generalizations about gender, race or ethnicity and a candidates' ability to raise funds or win are difficult to make, given the small number of races and the limited number of candidates seeking judicial office. That said, a number of facts about the 2007 and 2008 judicial elections in the nine target states do stand out:
- 55 percent ($34 million) of the $62 million raised by all 399 judicial candidates across the country went to the 154 candidates in these nine states.
- Incumbents were re-elected 94 percent of the time and raised $8 million, which is 24 percent of the total raised.
- 19 of the 154 candidates were members of an ethnic or racial minority. Of the 19, nine were incumbents—one of whom lost his seat.
- Of the 154 candidates, 54 were women—23 of whom were incumbents who ran successful campaigns.
- In a hotly contested Supreme Court race in Alabama, a female candidate lost to her male opponent despite raising more money.
- A successful female candidate for an open seat on the Georgia Court of Appeals won a race in which two women and five men ran. None of the seven candidates in that race were members of an ethnic or racial minority.
- John O. Steele, an African American, won an open seat on the Illinois Appellate Court. He faced two Democratic primary opponents and was unopposed in the general election. He raised more than four times the amount raised by the other two candidates.
- North Carolina incumbent, Justice Robert H. Edmunds, Jr., withstood a strong challenge from Wake Forest University law professor, Suzanne Reynolds. Reynolds raised slightly more in direct contributions than Edmunds, but both candidates participated in the public funds program.
- After raising nearly five times the amount raised by their Democratic challengers, Ohio Supreme Court Justices Stratton and O'Connor, both Republicans, easily defeated their opponents.
- Two of the eight Supreme Court candidates in Pennsylvania were women, both of whom surpassed the $1 million average raised by the six male high court candidates.
- Candidates reaching into their own pockets accounted for half of the money raised by Washington Court of Appeals candidates.
- Two of Wisconsin's three Supreme Court candidates in 2007 were women, one of whom went on to win the election.
- Wisconsin Supreme Court Justice Louis B. Butler Jr., the state's first and only African American justice, was defeated in 2008.
Methodology
Gender identifications were made by searching state high-court Web sites, candidates’ own campaign Web sites, and news reports. To establish racial and ethnic identities, the Institute relied on "The Directory of Minority Judges of the United States, 4th Edition," state court Web sites, candidate Web sites and news articles. Candidates for whom no racial or ethnic identities were found are included in the other/unidentified category.
The judicial selection and election process can be especially perplexing. The method of selection (appointment and/or election) and the type of election (partisan, nonpartisan or retention) varies from state to state and in some cases from court to court within a particular state.
The races are separated into three categories based on the type of election:
- Partisan races, in which candidates identify with a political party during the election cycle.2
- Nonpartisan races, in which candidates are not listed on the ballot with a party affiliation.
- Retention races, in which sitting justices or judges appear on the ballot in an up-or-down vote with no challengers.
Excluded from this analysis: Non-contribution income to candidates, such as interest income, public funding, repayment of loans received in previous cycles, and miscellaneous receipts such as refunds and reimbursements.
Alabama
The $6 million given to judicial candidates in Alabama accounted for 55 percent of the $10.8 million given to all Alabama state candidates during the 2008 election cycle.
In 2008, one male and one female faced off for an open Supreme Court seat. Seven of the 14 appellate court candidates who ran for three seats were women. Only one member of an ethnic minority, an African American male, sought a seat on either court.
Alabama Supreme Court Facts
- Nine candidates face partisan elections to serve a six-year term.
- The current court seats six men and three women.
- None of the current justices are members of an ethnic or racial minority.
- Eight of the sitting justices are Republicans and one is a Democrat.
The two Supreme Court candidates in Alabama received $4.5 million, which is 41 percent of the contributions given to all Alabama candidates overall and 75 percent of the $6 million given to all judicial candidates in the state.
In the 2008 open election to replace retiring Justice Harold See, Republican Greg Shaw narrowly defeated Democrat Deborah Bell Paseur. Both candidates raised large amounts of campaign cash; accusations were thrown back and forth about donors and donations. Both campaigns used negative ads accusing the other of taking large contributions from oil companies, yet neither candidate reported receiving direct contributions from oil company sources.3
Even though the 2008 open race saw impressive amounts of cash raised, it paled in comparison to the race in 2006, when Justice Drayton Nabers, Jr. raised nearly $5 million in his unsuccessful attempt to hold his seat on the Alabama bench. Justice Nabers was unseated by Sue Bell Cobb, who raised $2.6 million.
Contributions to Alabama Supreme Court Candidates
Greg Shaw's top contributor list was dominated by pro-business groups. He received more than $1.1 million of the $1.8 million he raised from nine pro-business donors, with $414,079 coming from the Alabama Civil Justice Reform Committee and $275,200 from the Business Council of Alabama.
Deborah Bell Paseur's top contributor, the Alabama Democratic Party, gave her almost $1.7 million, which is 62 percent of her contributions. A National Education Association affiliate, the Alabama Education Association, gave her $50,000.
While businesses and special interest groups were Shaw's primary campaign funders, political party money enhanced Paseur's war chest. Democratic Party organizations invested 40 times more in Paseur's unsuccessful campaign than the Republican Party gave to Shaw. Individual donors accounted for 19 percent of Paseur's total, compared to just 3 percent attributed to individuals giving to Shaw.
Contributor Type | To Shaw | To Paseur | Total |
---|---|---|---|
Businesses and Special Interest Groups | $1,711,868 | $425,773 | $2,137,641 |
Political Party Committees | $41,657 | $1,667,883 | $1,709,540 |
Individuals | $59,754 | $514,034 | $573,788 |
Labor Organizations | $0 | $79,000 | $79,000 |
Candidates Giving to Others | $950 | $8,775 | $9,725 |
Candidate Committees | $1,549 | $2,500 | $4,049 |
Unitemized Donations | $275 | $1,053 | $1,328 |
Candidate Self-finance4 | <$42,450> | $0 | <$42,450> |
Total | $1,773,603 | $2,699,018 | $4,472,621 |
Alabama Appellate Court Facts
- Two appellate courts: Court of Civil Appeals and Court of Criminal Appeals.
- There are five judges in each court. Candidates run in partisan elections for six-year terms.
- The current Court of Civil Appeals seats four men and one woman.
- The current Court of Criminal Appeals seats two men and three women.5
- None of the judges on either court are members of an ethnic or racial minority.
- All members of both courts are Republicans.
Twelve candidates ran for two open seats on the Court of Criminal Appeals. Two candidates ran for the lone seat on the Court of Civil Appeals. Republican candidates won all three races; each winner raised more money than their opponents.
Six women and six men vied for the two open seats on the Court of Criminal Appeals. Two of the women were the top fundraisers in their races and were victorious.
Incumbent Judge Bill Thompson defeated his female challenger for the Court of Civil Appeals. Thompson raised nearly 10 times the amount raised by his opponent.
Democrat Clyde Jones, an African American and the only member of a racial minority who was a candidate for the Alabama Court of Criminal Appeals, lost his bid for a seat on the five-member court.
Contributions to Alabama Civil and Criminal Court Campaigns
More than one-third of the $1.5 million given to appellate court candidates in Alabama came from businesses and special interest groups. The largest share came from political action committees, most of which are registered Alabama PACs with vague names and declared areas of interest that are usually associated with business concerns. Lobbyist firms and law firms gave $115,000.
Individual donors gave five times more to Court of Criminal Appeals races than they gave to candidates seeking a seat on the Court of Civil Appeals. Of the $291,378 given by individuals, more than $220,000 came from individuals whose occupation and employer was not disclosed. Because these contributors gave amounts under the reporting threshold, the candidate's committee was not required to disclose that information.
Unlike the contentious Supreme Court race in 2008, and in spite of the fact that judicial races in Alabama are decided in partisan elections, political parties and other candidate committees were not major donors to Civil Court or Criminal Court campaigns. They gave just 10 percent of the money given to Criminal Court campaigns, and 11 percent of the money given to Civil Court campaigns.
Of the $415,738 that candidates gave to their own campaigns, $174,500 is attributed to Beth Kellum, the eventual winner of Place One on the Criminal Court. Her own money accounted for 78 percent of the $223,743 she raised.
Georgien
Judicial candidates in Georgia received $1.2 million in donations, or 5 percent of the $22 million given to all Georgia state candidate committees in 2008.
In 2008, two incumbents ran unopposed for the two Supreme Court seats—both were men, one African American. Nine Georgia Court of Appeals candidates ran for three seats. Two incumbents, both men, retained their seats. A female was the successful candidate for an open seat in a race between two women and five men. None of the seven candidates in that race were members of an ethnic or racial minority.
Georgia Supreme Court Facts
- Seven justices serve six-year terms. They run in nonpartisan elections.
- The current court seats six men and one woman.
- Two of the seven justices, both male, are members of an ethnic or racial minority.
Contributions to Georgia Supreme Court Candidates
In their uncontested re-election bids, Justice Robert Benham and Justice Harris Hines raised $226,652 and $162,450, respectively. The lion's share of their money came from lawyers and law firms, who gave more than $195,000 to Justice Benham (86 percent of his contributions) and nearly $117,000 to Justice Hines (2 percent of his contributions).
Georgia Appellate Court Facts
- Twelve judges serve six-year terms on the Court of Appeals. They run in nonpartisan elections.
- The current court seats eight men and four women.
- Two of the 12 judges, one male and one female, are members of an ethnic or racial minority.
Sara Doyle won the open Georgia Court of Appeals seat vacated by Judge John H. Ruffin, Jr. Doyle was one of two female and five male candidates seeking the open seat. None were members of a racial or ethnic minority. The seven candidates raised a total of $679,515.
Although Mike Sheffield raised the least money in the open seat race, he forced a runoff election between himself and the eventual winner, Sara Doyle. Sheffield garnered 48.2 percent of the vote.
Judges Charles B. Mikell, Jr. and Gary Andrews faced no opposition and held their places on the Court of Appeals.
†= seat is designated on ballot by name of incumbent or outgoing judge, i.e., Ruffin, Mikell, Andrews
Contributions to Georgia Court of Appeals Candidates
Individual contributors accounted for 56 percent of the $779,783 given to Georgia Court of Appeals candidates.
Nine candidates received $365,000 from lawyers, law firms and lobbyists. Bruce Edenfield and Tamela Adkins were the top recipients of the lawyer, law firm and lobbyist money, gathering $96,724 and $76,816 respectively.
Perry J. McGuire used $32,500 of his own money in his failed attempt to fill the seat of retiring Judge Ruffin. Bruce M. Edenfield put $26,243 into his campaign for that same seat but lost the general election.
Illinois
Judicial candidates in Illinois received $3.3 million, which is almost 4 percent of the $90 million given to all Illinois candidate committees in 2008.
In Illinois, one Supreme Court justice and eight Appellate Court judges won their retention bids in 2008. Two open seats and one contested seat on the Appellate Court were also decided.
Illinois Supreme Court Facts
- Seven justices serve 10-year terms.
- They initially run in partisan elections, thereafter in nonpartisan, uncontested retention elections. Justices must receive at least 60 percent affirmative votes to be retained.
- The current court seats five men and two women.
- One male is African American.
One seat on the Illinois high court was decided by voters in 2008. Justice Anne M. Burke raised more than $1.8 million believing she may have had to ward off a challenger for her seat on the Illinois Supreme Court bench.6 When no challenger stepped forward, Justice Burke returned more than $760,000 to her donors.
Contributions to Illinois Supreme Court Candidates
Individual contributors account for 68 percent of Justice Burke’s contributions; four $50,000 donors topped the list. She returned $21,300 to each. They were: Investor Robert J. Bobb; John A. Canning, Jr., with Madison Dearborn Partners; Judd D. Malkin, of JMB Realty; and J.B. Pritzker, managing partner of the Prtizker Group. Burke also received $22,147 from Prime LaSalle/Madison Partners.
Illinois Appellate Court Facts
- Fifty-four judges in five districts serve 10-year terms.
- The candidates initially run in partisan elections. Thereafter they run in nonpartisan, uncontested retention elections.
- The current court seats 36 men and 18 women.
- Two male judges and five female judges are African Americans. One male is Hispanic American.
Seven of the nine incumbent appellate court judges who won retention raised no money.
Two African American candidates, both Democrats, ran successful campaigns for two open seats. John O. Steele raised four times more than his opponents combined and defeated two primary opponents. Sharon Johnson Coleman won the open seat after a primary race against two male candidates. Coleman raised $208,988—nearly 10 percent of the money raised by all appellate court candidates.
James M. Wexstten was one of the two incumbent judges who raised money. Judge Wexstten won his re-election although he was outraised by his Democratic primary challenger, Judy Cates. Judge Wexstten, who was appointed in February 2007 to fill a vacancy, was required to run in the partisan election in 2008.
Judge Richard P. Goldenhersh was the only judge seeking retention who raised money. He received $62,668.
Contributions to Illinois Court of Appeals Candidates
Candidates' own money accounted for 51 percent of the money raised by appellate court candidates. But the bulk of that was raised by one Democratic candidate—attorney Judy Cates who gave her own losing campaign $631,775 out of her own pocket and another $219,319 from her Cates Law Firm.
Other law firms gave $189,388, which is 46 percent of the contributions given by businesses and special interest groups.
New Mexico
New Mexico judicial candidates received less than 1 percent of the almost $10.8 million raised by all candidate committees in 2008.
In New Mexico, judicial candidates are first appointed by the governor. They then face the electorate in the next general election as a partisan candidate. In subsequent elections, they go before the voters to be retained.
In 2008, two seats on the New Mexico Supreme Court were decided by the voters: one as a retention vote and the other in a partisan election.
The two seats up were Justice Charles W. Daniels and Justice Patricio M. Serna. Justice Daniels was appointed in October 2007; he then won a partisan election as a Democrat in November 2008. Justice Serna was retained by the voters.
One appellate seat was up for election in 2008. Court of Appeals Judge Jonathan B. Sutin won his retention election.
New Mexico Supreme Court Facts
- Five justices serve eight-year terms.
- Initially, justices are appointed by the governor. At the next general election they are placed on the ballot in a partisan race. Thereafter, the successful candidate faces nonpartisan retention elections.
- The current court seats four men and one woman.
- Three justices—two men and one woman—are Hispanic Americans.
Contributions to New Mexico Supreme Court Candidates
Justice Charles W. Daniels, who won a partisan election, raised 96 percent of his contributions, or $49,706 of $51,656 from law firms.
Patricio M. Serna, who has served on the New Mexico Supreme Court since December 1996, did not raise any money for his retention campaign. Judge Serna is one of three Hispanic Americans serving on the five-member court.
New Mexico Appellate Court Facts
- Actual name is the Court of Appeals.
- Ten judges sit on the court. Each serves eight-year terms.
- Judges are initially appointed by the governor, then placed on the ballot in a contested partisan race in the next general election. Thereafter, the successful candidate faces nonpartisan retention elections.
- The current court seats seven men and three women.
- Four judges (one female and three males) are Hispanic Americans.
Contributions to New Mexico Court of Appeals Candidates
Judge Jonathan B. Sutin won his retention election for New Mexico Court of Appeals, but raised no money.
In an attempt to place certain campaign finance restrictions on judges and lawyers, Republican state senator Rod Adair introduced Senate Bill 646 during the 2009 legislative session. The measure failed. Had it become law, judges and judicial candidates would not have been allowed to personally ask for donations to their campaigns, but could have created a committee that would solicit funds on their behalf. In addition, lawyers would not have been allowed to contribute to judicial campaigns or endorse a particular judge or judicial candidate.
North Carolina
North Carolina's judicial candidates can choose to participate in the state's public funding program. Participants must raise qualifying contributions from at least 350 registered voters. Two Supreme Court candidates and eight of the 14 Court of Appeals candidates in 2008 participated in the public funding program.
North Carolina Supreme Court Facts
- Seven members serve eight-year terms.
- Justices face nonpartisan elections. If there are more than two candidates for a position, a nonpartisan primary election is held and the top two vote-getters in the primary compete in the general election.
- Supreme Court candidates can choose to participate in the state's public funding program.
- The current court seats four men and three women.
- One female justice is African American.
Excluding the public funds, which came to $1.8 million, judicial candidates in North Carolina received slightly more than 1 percent of the $82 million given to all North Carolina candidate committees in 2008.
In the only Supreme Court election held in 2008, a male incumbent Supreme Court justice held his seat from a female challenger.
Fourteen appellate court candidates ran for six seats.
With just two percentage points separating the candidates, incumbent justice Robert H. Edmunds, Jr. withstood a strong challenge from Wake Forest University law professor Suzanne Reynolds. Reynolds raised slightly more in direct contributions than Edmunds, but both candidates participated in the public funds program.
Contributions to North Carolina Supreme Court Candidates
Individual donors were the primary source of contributions to Supreme Court candidates. Lawyers gave $94,700, which is 57 percent of the money attributed to individual contributors. Individual lawyers favored Justice Edmunds' challenger, Suzanne Reynolds. They gave Reynolds $52,755 and gave Justice Edmunds $41,945.
North Carolina Appellate Court Facts
- 15 judges serve eight-year terms. They are elected in nonpartisan elections.
- The current court seats seven men and eight women.
- Three judges (two women and one man) are African Americans.
- Statewide appellate court candidates can choose to participate in the state's public funding program.
Three incumbent judges, each of whom raised more than their challengers, lost their seats when 14 candidates sought the six North Carolina Court of Appeals seats up in 2008.
- Judge John Arrowood raised more than challenger Robert Hunter, Jr. Nevertheless, Arrowood lost.
- Judge Doug McCullough also raised more than his challenger, but lost his seat to Cheri Beasley, an African American woman.
- Judge John Tyson outraised three challengers (two women and one man) but lost the primary election.
Two African American candidates, one woman and one man, won their bids for seats on the court: Cheri Beasley, an African American woman, unseated Judge Doug McCullough; male incumbent James Wynn held his seat—he raised nearly 32 times more money than his challenger.
Of the 14 candidates seeking seats on the Court of Appeals, 10 filed notices of intent to participate in the public funding program; one withdrew and two did not qualify for the funds. One losing primary candidate raised no money.
†= seat is designated on ballot by name of incumbent judge, i.e., Stephens Seat, Arrowood Seat, etc.
Contributions to North Carolina Court of Appeals Candidates
As was the case with the Supreme Court races, individual donors were the primary source of contributions to races for the North Carolina Court of Appeals; collectively they gave 90 percent of the $804,864 given. Among the individuals, attorneys gave the lion's share of the money: $337,476.
Ohio
Judicial candidates in Ohio received 7 percent of the $60.6 million given to all Ohio candidate committees in 2008.
In 2008, four candidates ran for two Supreme Court seats and 36 appellate court candidates ran for 20 seats.
Ohio Supreme Court Facts
- Seven justices serve six-year terms. They are selected in partisan primary elections and thereafter appear on the ballot as nonpartisan candidates.
- The current court seats four men and three women.
- None of the justices are members of an ethnic or racial minority.
Justices Evelyn Stratton and Maureen O'Connor raised more than $1 million each to hold their seats on the Ohio bench. After raising almost five times the amount raised by their Democratic challengers, Republican justices Stratton and O'Connor easily defeated their opponents.
Contributions to Ohio Supreme Court Candidates
Individual contributors gave 55 percent of the money received by the four Supreme Court candidates. Lawyers accounted for one of every five dollars given by individuals.
The Ohio Republican Party and the Ohio Democratic Party were the top two contributors. The Republicans gave nearly five times more than the Democrats. Ohio Republicans gave $174,561: $95,355 to Judge Stratton and $79,206 to Judge O'Connor. Ohio Democrats gave $35,212: $21,540 to Peter Sikora and $13,672 to Joseph Russo.
Ohio Appellate Court Facts
- Actual name is the Courts of Appeal.
- Sixty-nine judges serve six-year terms in 12 districts. They are elected in partisan primary elections and thereafter appear on the ballot as nonpartisan candidates.
- The current court seats 41 men and 28 women.
- Four judges (three women and one man) are African American.
Five candidates vying for the two seats in the 10th District (Franklin County) raised $623,510, which is 35 percent of the $1.8 million raised by all appellate court candidates.
Four of the 36 candidates running for seats on the Ohio Courts of Appeal raised no money.
Contributions to Ohio Courts of Appeal Candidates
Individual donors gave 49 percent of the money given to all Ohio Courts of Appeal candidates. Individual lawyers gave more than $250,000 and law firms gave $147,260.
Judicial candidates gave a combined $498,314 to their own campaigns. Democrats gave themselves $337,449; Republicans gave themselves $160,864.
Democrat John Connor, who won an open seat, self-funded most of his $275,000 war chest. He gave his own campaign $211,000.
Democrat Laura Curliss, who outraised her Republican opponent in an open seat contest, lost in the general election. She gave her own campaign $64,800 of the $87,051 she raised.
Pennsylvania
Pennsylvania's judicial election are held in odd-numbered years. In 2007, seven candidates ran for two open seats on the state Supreme Court while one justice sought retention. In the intermediate courts, three Commonwealth Court judges and three Superior Court judges retained their seats. In addition, ten candidates sought three open seats on the Superior Court.
Pennsylvania Supreme Court Facts
- Seven justices serve 10-year terms.
- Candidates first run in partisan elections and thereafter face retention.
- Elections are held in off-years in conjunction with municipal elections. If more than one open seat is being filled, all of the candidates run at large and the top vote-getters fill the open seats.
- The current court seats five men and two women.
- No members of an ethnic or racial minority currently serve on the court.
Justice Thomas Saylor was successful in his retention election. Two superior court judges, Judge Seamus McCaffery and Judge Debra Todd, won the two open seats on the bench.Todd was victorious despite raising less than the two candidates who lost in the general.
C. Darnell Jones II and Willis W. Berry, Jr., the only two African American candidates, raised $490,090 and $4,000, respectively, during their unsuccessful primary campaigns. The bulk of Jones' money ($288,745) came from law firms and individual attorneys.
** Superior Court Judge
Contributions to Pennsylvania Supreme Court Candidates
Contributions from individuals totaled nearly $3.7 million, which is 39 percent of the money raised by Supreme Court candidates. Lawyers gave more than $1.3 million of the money attributed to individuals.
Law firms gave 79 percent of the $2 million given by businesses and special interests, favoring the two women candidates by giving them $727,925 compared to the $653,550 given to the three men.
Supreme Court candidates and their spouses gave $1.2 million to their own campaigns. Mike Krancer gave his unsuccessful campaign $217,500. His wife, Barbara, gave an additional $405,000. Debra Todd gave $31,350 of her own money, and an additional $437,000 was attributed to her husband Stephan.
Pennsylvania Appellate Court Facts
- The state has two appellate courts called "intermediate" courts: the Commonwealth Court with nine judges, and the Superior Court with 15 judges. All serve ten-year terms.
- Candidates first run in partisan elections and thereafter face retention.
- The current intermediate courts seat nine men and 15 women.
- Two African Americans, one male and one female, serve on the intermediate courts.
Ten candidates—six men and four women—ran in the primary election for the three open Superior Court seats. The Democratic primary was crowded with seven candidates competing. Three of them advanced to the general. All three Republican candidates advanced to the general.
In the end, one of the seven Democratic candidates won a seat on the bench and two of the three Republicans won.
The winners of the primary were evenly represented along gender and racial lines: three women and three men, one African American male and one African American female.
It was a different story in the general election. There was a significant difference in the outcome and in the money raised when looking at the gender of the 10 candidates, but results were mixed when looking at ethnicity.
The three female candidates in the general election outraised and defeated the three male candidates. The women raised nearly $2.2 million—double the $1.1 million raised by the men.
Two of the winners had a monetary advantage over all other candidates, with the exception of Cheryl Lynn Allen. Allen, now the only African American judge on the Superior Court bench, raised just $130,557—6 percent of the $2.2 million attributed to the three female candidates and seventh among all ten candidates. On the other hand, African American candidate, John Milton Younge, who lost in the general, raised $290,834—one-fourth of the $1.1 million raised by the three male candidates and fourth-highest among the ten candidates.
Democratic male candidates didn't fare much better in the primaries. Three of the four candidates who lost in the Democratic primary were men, all of whom raised less than any of the other candidates. The lone female primary loser, Anne Lazarus, raised $212,439, which is slightly less than the $240,290 raised by all three men combined.
James M. DeLeon, an African American male who lost in the primary, raised $75,390—which is 31 percent of the money raised by the men who lost the primary.
Three incumbent judges who retained their seats on the Commonwealth Court raised no money.
Contributions to Pennsylvania Intermediate Court Candidates
While none of the Commonwealth Court candidates raised money, more than one-third of the money raised by candidates running for the three open seats on the Superior Court came from the candidates and their spouses. Jacqueline Shogan received $1.2 million from her husband, accounting for 87 percent of the money she raised. Christine Donohue gave her campaign $80,000, or 12 percent of her campaign funds. Ron FoliNo used $67,490 of his own money.
Individual donors gave a total of $1.5 million, which is 39 percent of the money raised for the open seats. The four female candidates raised $716,878 from individuals; the six men raised $750,182.
Businesses and special interests did not appear to favor either gender, giving an average of $47,000 to male and female candidates. Labor unions, however, favored men, giving the average male candidate $31,142, which is roughly six times the average $5,300 they gave to female candidates.
Law and lobbying firms, along with individual attorneys, gave $1.1 million, which accounted for 28 percent of the money given in the open seat campaigns.
Three incumbent judges (two men and one woman) seeking retention on the state's Superior Court raised $211,245 in 2007. Law and lobbying firms, along with individual attorneys, gave $88,200, which is 42 percent of the funds raised.
Washington
Judicial candidates in Washington state received slightly more than 1 percent of the $52.5 million given to all Washington candidate committees in 2008.
In 2008, six candidates ran for three Supreme Court seats. All eight incumbent appellate court judges successfully retained their seats, two of whom withstood primary challengers.
Judicial candidates run in nonpartisan primary elections. A candidate must receive a majority of the votes. If no candidate receives a majority of the vote, the top two vote-getters appear on the general election ballot.
Washington Supreme Court Facts
- Nine justices serve six-year terms. Candidates run in nonpartisan elections.
- The current court seats five men and four women.
- No current justice is a member of an ethnic or racial minority.
Three incumbent justices held their seats and together garnered 91 percent of the $417,033 raised by Supreme Court candidates. Justices Mary Fairhurst and Charles W. Johnson won primary challenges; Justice Debra Stephens faced no opposition.
Candidate | District | Election Outcome | Total Raised | Member of an Ethnic Minority | Gender |
---|---|---|---|---|---|
Fairhurst, Mary * | 003 | Won | $191,990 | No | Female |
Bond, Michael J. | 003 | Lost Primary | $28,155 | No | Male |
District 003 Total | $220,145 | ||||
Stephens, Debra L. * | 007 | Won | $101,3517 | No | Female |
District 007 Total | $101,351 | ||||
Johnson, Charles W. * | 004 | Won | $85,114 | No | Male |
Vulliet, C. F. (Frank) | 004 | Lost Primary | $7,673 | No | Male |
Beecher, James M. | 004 | Lost Primary | $2,750 | No | Male |
District 004 Total | $95,537 | ||||
Overall Total | $417,033 |
Contributions to Washington Supreme Court Candidates
Donations from individuals made up two-thirds of the money given to the state's Supreme Court candidates. Lawyers gave $123,381; law firms accounted for 60 percent, which is $52,933 of the $79,220 given by businesses and special interest groups.
Washington Appellate Court Facts
- Actual name is Court of Appeals.
- 22 judges in 9 districts serve 6-year terms. They are elected in nonpartisan elections.
- The current court seats 12 men and 10 women.
- Two judges are members of an ethnic minority: an Asian Pacific Islander American woman and an African American man.
Seven of the nine candidates running for seats on the Washington Court of Appeals were incumbents. Four of them raised no money.
Contributions to Washington Court of Appeals Candidates
Candidates reaching into their own pockets accounted for half of the money raised by those running for the Washington Court of Appeals.
Lawyers gave $9,390 of the $60,329 given by individual donors; law firms gave 63 percent ($19,243) of the $30,534 given by businesses and special interest groups.
A handful of local unions, central labor councils and state labor organizations gave all but $700 of their $8,350 to the re-election efforts of Judge (Joyce) Robin Hunt.
Wisconsin
Judicial candidates in Wisconsin received 19 percent of the $22 million given to all Wisconsin candidate committees during the 2007 and 2008 elections ($3 million in 2007 and $19 million in 2008).
In 2007, three candidates sought one open seat on the Supreme Court. In 2008, an incumbent Supreme Court justice was ousted.
Two of the three men elected to Court of Appeals seats in 2007 were incumbents who faced no opposition and raised no money. The third won an open seat but raised only $200.
In 2008, three women and one man vied for three seats. All three of the women were incumbent judges who ran successful re-election campaigns. Only one of them faced a challenger. Neither of the two uncontested judges raised money.
None of the seven candidates over the two-year period were members of a racial or ethnic minority.
Wisconsin Supreme Court Facts
- Seven justices serve ten-year terms. They run in nonpartisan elections.
- The current court seats three men and four women.
- None of the current justices are members of an ethnic or racial minority.
In 2007, during the state's most expensive judicial race ever, two women and one man vied for one open seat. Combined, the three candidates raised nearly $2.7 million, $2.6 million of which was raised by the two female candidates who went on to compete in the general election.
In 2008, during another unprecedented election, a sitting Supreme Court justice was defeated for just the fifth time since the court was established in 1852. Louis B. Butler Jr., the state's first and only African American justice, was defeated in what was described as an ugly battle overshadowed by third-party money.8
In the April 2007 race for the one open seat on Wisconsin's high court, then-circuit court judge Annette K. Ziegler emerged victorious after an expensive and nasty election.9 Ziegler raised $1.4 million for her campaign, which was 19 percent more than the $1.2 million raised by her general election opponent, attorney Linda M. Clifford. A third candidate, Joseph Sommers, raised $42,528 and was defeated during the February primary election.10
All together, the two general-election candidates raised $2.6 million in 2007, which is double the $1.3 million raised in the previous most-costly judicial race that took place in 1999, when two candidates vied for one seat.
The 2008 Supreme Court campaign between incumbent Justice Louis B. Butler, Jr. and his challenger, Judge Mike Gableman, attracted nearly $1.2 million in direct contributions. It was the second year in a row that the race was dominated by money spent by special interest groups.11
Justice Louis B. Butler, Jr. was appointed to the court in 2004. He faced the electorate for the first time in 2008. Butler raised $752,600 in direct contributions ($353,793 in 2007 when he was not up for re-election and $398,804 in 2008). His challenger, Mike Gableman, raised $443,839.
** Includes $353,793 Justice Butler raised in 2007 when not up for election.
Contributions to Wisconsin Supreme Court Candidates
In 2007, both Ziegler and Clifford were significant donors to their own campaigns. Ziegler contributed $832,746, or 58 percent of her campaign's funds. That amount included $9,750 from her husband, J.J. Ziegler, a real estate developer. Clifford gave $548,000, or 45 percent of her campaign's total—$9,649 of which was attributed to her husband, attorney Keith Clifford.12
Ziegler raised an additional $155,684 from retirees and civil servants; Clifford raised $136,207 from these same sources. Lawyers and law firms gave Ziegler $42,796 and gave Clifford $228,541.
Ziegler received $10,000 each from 13 individuals. She also collected $8,625 each from Koch Industries, Wisconsin Builders Association, and Wisconsin Realtors Association. Clifford received $548,728 from individual contributions, with three individuals each giving her campaign $10,000.
In 2008, the Wisconsin Republican Party gave $30,390 to Gableman. He also benefited from support from pro-business groups, including Wisconsin Club for Growth ($8,500), Wisconsin Builders Association ($8,500), and Concerned Business and Industry PAC for the Wisconsin Manufacturers and Commerce ($8,100). In addition, 11 individuals each gave Gableman $10,000.
Justice Butler's biggest support came from labor unions: $39,125 in 2007 and $48,725 in 2008. He received $10,000 from Milwaukee philanthropist Lynde B. Uihlein, and $9,500 from Brookfield, Wisc., attorney William M. Cannon.
Wisconsin Appellate Court Facts
- Actual name is Court of Appeals.
- 16 judges in four districts serve six-year terms. They run in nonpartisan elections.
- The current court seats ten men and six women.
- One male member is an African American.
In 2007, only one of the three Wisconsin Court of Appeals candidates raised money. Then-circuit Judge Edward Brunner ran unopposed for the open seat and collected just $200. The two incumbents, both of whom ran unopposed, did not raise any money.
In 2008, the contest between a female incumbent and her male challenger attracted $641,259 in contributions. Challenger William Gleisner raised nearly $243,000 in his unsuccessful campaign to oust incumbent Judge Lisa Neubauer, who raised $398,552.
Incumbent Judge Burneatta Bridge was re-elected in 2008. She raised $4,047 during the 2007 election cycle from 23 individual contributors, eight of whom were identified as attorneys. Those eight attorneys account for $1,550 of her total.
Contributions to Wisconsin Court of Appeals Candidates
Individuals, including the candidates and their spouses, contributed 98 cents of every dollar raised in the 2008 District 2 Court of Appeals race. Fifty-nine percent of the money raised came from the candidates themselves. Gleisner gave his campaign $179,649, which accounted for three-quarters of the money he raised. Neubauer gave her campaign $200,000—half the funds she raised. Lawyers and lobbyists gave $150,518.
- 1. Ciara Torres-Spelliscy, Monique Chase, Emma Greenman, "Improving Judicial Diversity," Brennan Center for Justice at New York University School of Law, 2008, pg. 1, available from http://www.brennancenter.org/content/resource/diversity_report/, accessed March 27, 2009.
- 2. Although Ohio and Michigan candidates appear on the general election ballot as nonpartisan, candidates in both states are nominated by political parties—by partisan primaries in Ohio and party convention nominations in Michigan. Therefore, for the purposes of this report, both states are included in the partisan analysis.
- 3. Dana Beyerle, "State Bar Tells Candidates To Play Nice," Times Daily, Oct. 15, 2008, available from http://www.timesdaily.com/article/20081015/ARTICLES/810150327/0/ELECTION04?Title=State_bar_tells_candidates_to_play_nice, accessed on May 7, 2009.
- 4. Shaw's campaign finance reports disclose a loan repayment to himself on Dec. 15, 2008. Careful review of the required reports filed by the Shaw campaign for the 2008 election cycle does not show where a corresponding loan in that amount was previously reported, which explains the negative amount shown. The only loan reported, in the amount of $200, was received from Greg Shaw on July 8, 2008.
- 5. On May 8,2009, Alabama Gov. Bob Riley appointed Jim Main to the Court of Criminal Appeals seat vacated by Judge Greg Shaw, who was elected to the Supreme Court.
- 6. Michael Higgins, "Burke To Return Most Of War Chest To Donors—Unopposed In Primary, Justice Will Empty Coffers," Chicago Tribune, Jan. 21, 2008, available at http://archives.chicagotribune.com/2008/jan/21/news/chi-burke_21jan21, accessed Sept. 5, 2009.
- 7. Justice Debra L. Stephens was appointed to the Washington Supreme Court and took office January 1, 2008. She had previously held a seat on the Court of Appeals, having been re-elected in November 2007. Stephens raised $9,010 for her 2007 appellate court race, which is not part of the $101,351 shown here.
- 8. Patrick Marley and Stacy Forster, "Gableman Victorious, Challenger Beats Butler In High Court Race; 1st Such Ouster Since '67," Journal Sentinel, April 2, 2008, available from http://www.jsonline.com/news/wisconsin/29406414.html, accessed Feb. 4, 2009.
- 9. “Warring Ads in Wisconsin Supreme Court Race,” FactCheck.org, March 20, 2007, available from http://www.factcheck.org/judicial-campaigns/warring_ads_in_wisconsin_supreme_court_race.html, accessed May 15, 2008.
- 10. The top two vote-getters in the non-partisan primary election advance to the general election.
- 11. Buying Time–2008: Wisconsin Analysis," Brennen Center For Justice, May 12, 2008, available from http://www.brennancenter.org/content/resource/buying_time_2008_wisconsin, accessed March 4, 2009.
- 12. Bill Lueders, "Annette Ziegler and Linda Clifford," The Daily Page, Mar. 8, 2007, available from http://www.thedailypage.com/isthmus/article.php?article=5885, accessed April 9, 2009.
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