In 2009 and 2010, 72 high court races were on the ballot in 35 states and 253 intermediate appellate court races were decided in 31 states.
Of the 475 judicial candidates who ran for these seats, 265 raised money totaling slightly more than $45 million: $26.6 million by high court candidates and $18.5 million by appellate court candidates.
Partisan races typically attract the lion’s share of money raised in judicial elections and the elections in 2009 and 2010 were no exception. Partisan judicial races attracted $33.5 million—nearly four times the $8.7 million raised in nonpartisan races.
Partisan high court races attracted $18.5 million in seven states, compared to $5.2 million raised in 11 of the 13 states holding nonpartisan races (no money was raised in two states). That continues a trend seen between 2000 and 2009, when nearly $153.8 million was raised by candidates who ran in high court partisan races in nine states, compared to $50.9 million raised by candidates who ran in high court nonpartisan races in 13 states, which is about 25 percent of all high court fundraising throughout the study period. Retention elections, which typically receive much less attention, attracted just $2.2 million in contributions, representing about 1 percent.1
Because of the numerous and varied election processes for judicial elections—length of terms, type of elections that include retention bids, and partisan v. nonpartisan—a comparison of races across states is not feasible.
However, some interesting findings about state supreme court elections across the country were revealed in The New Politics of Judicial Elections, 2000–2009. For instance, the Business Council of Alabama, which was one of the top ten contributors to judicial races in Alabama between 2000 and 2009, also holds a top spot in this 2009–10 analysis of all states.
![Appellate Court Races 09-10](assets/press/Reports/images/judicial2010/IntermediateAppellateCourtRaces.png)
![HighCourtRaces.png](assets/press/Reports/images/judicial2010/HighCourtRaces.png)
Partisan elections: candidates who identify with a political party during the election
Nonpartisan elections: candidates listed on the ballot with no party affiliation
Retention elections: voters choose whether or not the incumbent remains in office
Judicial Contributions by Economic Sectors, 2009–2010
Seven of every 10 dollars came from contributors in six economic sectors. As is typical, the lawyer, lobbyist and law firm sector was the largest, accounting for almost one-third of the money raised by judicial candidates. Donors from this sector gave $14.7 million in 2009–10: $8.4 million to high court candidates and nearly $6.4 million to appellate court candidates.
The candidates themselves accounted for 11 percent of the money raised: 157 of the 475 judicial candidates provided $4.8 million of their own money to their campaigns. For the high court, 34 of the 117 candidates gave themselves an average $38,825; 123 of the 358 appellate court candidates gave themselves an average $28,069.
Political party committees gave $4.4 million, or 10 percent of the total given to judicial races. Republican Party committees gave $2.5 million: $2.2 million went to Republican candidates in partisan races, $1.5 million of which went to high court candidates. Democratic Party committees, in contrast, gave the largest share of their $1.9 million to nonpartisan judicial races, and $1.6 million of that went to high court candidates.
Contributors from the general business and the organized labor sectors were each responsible for 6 percent of the total, at $2.7 million each. The Business Council of Alabama gave $1.3 million of the $2.7 million given by all the contributors within the general business sector. Nearly all of the Council’s money went to two Republicans who won supreme court seats in Alabama: incumbent justice Michael F. Bolin ($865,000) and former appellate court judge Kelli Wise ($420,000.)
Six unions gave $1.1 million, which amounts to 42 percent of the $2.7 million given by more than 350 labor organizations. The Illinois Federation of Teachers topped the list with $467,361 given to Illinois supreme court candidate Justice Thomas L. Kilbride, who retained his seat. Justice Kilbride’s retention bid was targeted by the Illinois Civil Justice League, a group opposed to Kilbride that viewed the justice as “soft on crime” and whose goal is to set caps on malpractice case awards.2
The Electrical Workers Local 98 of Philadelphia, Pennsylvania was the second-largest union donor, giving $212,500 to judicial candidates in Pennsylvania: $120,000 to supreme court candidates and $92,500 to appellate court candidates.
Contributors in the finance, insurance, and real estate sector gave $2.1 million, which is 5 percent of the total. Three of the top contributors in this sector gave to Alabama judicial candidates. The Alabama Self-Insurers Association gave $75,000, with $45,000 of it going to appellate court judge Tommy Bryan. The Alabama Independent Agents Association contributed $45,000 total, with $35,000 of it going to supreme court races. Investor R.B. Saunders gave $50,000 to Alabama Justice Tom Parker’s reelection bid.
Montana justices face retention elections if no challengers enter a competitive nonpartisan election.
Ohio judicial candidates run in the primary as partisan but as nonpartisan in the general, and in subsequent elections as nonpartisan retention. Considered partisan for analysis.
Michigan judicial candidates are nominated as partisan but run an nonpartisan in subsequent elections. Considered partisan for analysis.
New Mexico judicial candidates are first selected on a merit system, then stand for partisan election at the next general election and in subsequent elections as nonpartisan retention.
**West Virginia, Montana, and Kentucky do not have intermediate appellate courts.
Judicial Races by Gender, 2009–2010
Male candidates accounted for 63 percent of those who ran for judicial offices. As a group, women were generally more successful overall: 73 percent of female candidates were winners compared to 66 percent of male candidates. However, male incumbent judges or justices seeking reelection fared better, with 97 percent of the male candidates returning to their seats compared to 93 percent of incumbent female candidates winning reelection.
Of interest, female candidates raised more money on average.
High Court
- 36 of the 117 high court candidates (31 percent) were female.
- 22 of the 36 female candidates raised money; these 22 raised an average of $472,656.
- 50 of the 81 male candidates raised money; these 50 raised an average of $323,403.
- 17 of 19 (89 percent) female high court justices who sought reelection won: three ran unopposed, four of five won contested races, and 10 of 11 won retention.
- 41 of 45 (91 percent) male high court justices who sought reelection won: eight ran unopposed, nine of 11 won contested races, and 24 of 26 won retention.
Appellate Court
- 140 of the 358 appellate court candidates (39 percent) were female.
- 90 of the 140 female candidates raised money; these 90 raised an average of $110,504.
- 103 of the 218 male candidates raised money; these 103 raised an average of $82,775.
- 82 of 87 (94 percent) incumbent female appellate court judges who sought reelection won: 30 ran unopposed, 16 of 21 won contested elections, and 36 won retention.
- 140 of 142 (99 percent) incumbent male appellate court judges who sought reelection won: 39 ran unopposed, 14 of 16 won contested races, and 87 won retention.
Judicial Races by Ethnicity, 2009–2010
Candidates from an ethnic or racial minority made up just 9 percent of all candidates who ran for a judicial seat. As a group, however, they enjoyed a higher success rate than non-minority candidates. And, when they raised money, they raised sums comparable to non-minority candidates.
- 20 of the 45 candidates in a racial minority raised money, averaging $159,703.
- 245 of the 430 non-minority candidates raised money, averaging $170,799.
- The 45 candidates from an ethnic or racial minority accounted for 15 of the 117 high court candidates (13 percent) and 30 of the 358 appellate court candidates (8 percent).
- Candidates of an ethnic or racial minority had an 84 percent success rate—nearly 20 points higher than the 67 percent success rate of non-minority candidates.
- 40 of the 45 minority candidates were incumbents who sought reelection, 38 of whom won: 22 won retention, seven won contested races, and nine won uncontested races.
- Ethnic or racial minority winners raised an average of $203,403 in their contested elections, comparable to the $215,432 average raised by non-minority winners of contested races.
- 1. “The New Politics of Judicial Elections, 2000–2009,” pg. 14, available at http://www.followthemoney.org/press/ReportView.phtml?r=435, accessed Oct. 6, 2011.
- 2. Monique Garcia, “State Supreme Court Justice Wins Retention Battle,” Chicago Tribune, Nov. 2, 2010, available from http://articles.chicagotribune.com/2010-11-02/news/ct-elect-kilbride-20101102_1_jury-awards-retention-battle-constitutionality-of-state-law, accessed Jan. 30, 2012.
Clearly, you're interested in following the money.
It costs more than $2 million a year to provide these verifiable facts about money in politics.
Do you know we simply give it to you, 24 hours a day, 365 days a year.
How often does that happen elsewhere in your life?
Please donate. You'll help us keep democracy transparent!