Bid for the Bench, or Justice for Sale?
As judges raise cash, critics ask if they can be impartial once on the bench.
Oct. 25, 2007 — -- Candidate Seamus McCaffery is preparing for election day on Nov. 6. He's appeared at picnics, parades, even several motorcycle events, wearing a black leather vest surrounded by biker buddies.
But he's not your average candidate. He's not even a politician. He's a judge. And he is trying to get a seat on the Pennsylvania Supreme Court.
Pennsylvania is one of 22 states that have contested state Supreme Court elections. The states have varying degrees of regulations from contribution limits to advertising disclosures to public financing limits. Critics of the system say that the fundraising for the elections has gotten out of control.
McCaffery calls himself a "walking, talking American dream." He has served as a police officer and spent 11 and a half years at night school to become a lawyer and trial judge.
He currently sits as an appellate superior court judge of Pennsylvania and may be best known as the judge who set up the Eagles Court at Philadelphia's Veterans stadium to bring immediate justice to overly rowdy fans.
He has raised more than a $1 million for his race.
Fundraising efforts in his state have exceeded $5 million, and are smashing previous records. The election has seen a sharp influx of fancy Web sites, campaign commercials and speeches on the campaign trail.
In last year's election for state Supreme Court seats, TV ads ran in 10 of the 11 states with contested elections. Average television spending per state was $1.6 million.
But watchdog groups see real problems with judges becoming beholden to special interests that donate to judicial campaigns. Those advocating reform believe special interest pressure is metastasizing into a permanent national threat to the impartiality of American courts.
According to Justice at Stake, which monitors judicial elections and ballot measures, Pennsylvania is not the only state breaking records.
Candidates for the Alabama Supreme Court have combined to raise $54 million since 1993, more than any state in the country. Special interest groups in Washington state combined to spend over $2.7 million on top court campaigns, and every TV ad in those races in 2006 was paid for by third-party groups.
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