Gavel Grab

As Maryland legislators considered whether to end contested elections for trial court judges, the Justice at Stake Campaign cautioned on Tuesday that special-interest spending undermines public trust in our elected courts.

“The new politics of judicial elections has convinced many Americans that justice is for sale,” Bert Brandenburg, JAS executive director, testified to the state Senate Judiciary Committee at a hearing.

“Maryland’s circuit courts may not face this problem at this moment,” he added. “But if special interests decide to descend on circuit court contest, big money surely will follow.”

Initially, Maryland judges are appointed to the bench. A bill backed by Maryland Attorney General Douglas Gansler would replace subsequent re-election contests for circuit judges with up-or-down retention elections. Retired Justice Sandra Day O’Connor recently testified in support of the proposed constitutional amendment (see Gavel Grab).

Brandenburg said spending on state Supreme Court elections has risen sharply. State Supreme Court candidates raised $206.4 million nationally between 2000 and 2009, more than double the $83.3 million raised in the 1990s. Spending is less at the trial court level, according to JAS data, but spikes in lower-court fundraising have occurred in some areas.

You can read Brandenburg’s complete testimony by clicking here, and about appointment/retention systems from Justice at Stake’s issues page about them.