Judicial Campaign Financing: An Ever Present Threat to Judicial Independence

13 Pages Posted: 9 Feb 2013

See all articles by Sarah Morath

Sarah Morath

Wake Forest University - School of Law; University of Houston Law Center

Date Written: February 8, 2013

Abstract

The different processes by which state judges are selected is an increasingly popular topic for discussion amongst legal scholars and practitioners. While many law review articles and discussions advocate for one method of judicial selection over the other, this article addresses one specific and significant concern with the elective method: campaign financing. As this article explains, campaign financing can impair judicial independence and inhibit fair and impartial decisions. Fortunately, the appointive system is insulated from the pressures and problems associated with campaign financing, a benefit which is all the more evident today when everyone, including judges, face difficult economic times. More importantly, however, because an appointive system does not involve campaign financing, judicial independence is best preserved in states like Maine where state judges are appointed, rather than elected.

Keywords: judicial, campaign finance, judicial independence

JEL Classification: K10

Suggested Citation

Morath, Sarah, Judicial Campaign Financing: An Ever Present Threat to Judicial Independence (February 8, 2013). U of Akron Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2214014 or http://dx.doi.org/10.2139/ssrn.2214014

Sarah Morath (Contact Author)

Wake Forest University - School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
3306343003 (Phone)

University of Houston Law Center ( email )

4604 Calhoun Road
4604 Calhoun Road
Houston, TX 77204-6060
United States

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