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In the last fifteen years, judicial elections in Alabama have become highly partisan, negative and political, to the extent that it threatens the independence and integrity of our judiciary at all levels. Campaign costs for judicial elections have escalated significantly during this period threatening the ability and interest of qualified candidates to seek election. Reforms need to be implemented with respect to our appellate court elections in order to restore confidence in our judiciary since 2002. Alabama Appleseed has been working on drafting and promoting recommendations on the way our judicial elections are held and on how those campaigns are financed.
In 2002, we commissioned and received a comprehensive report on the judicial selection practices in all fifty states. This work was done on a pro bono basis by the Atlanta law firm of Kilpatrick Stockton. Based on what this survey showed, we formulated recommendations calling for non-partisan elections, with non-partisan retention elections of judges seeking re-election. We also recommended a merit selection process for filling judicial vacancies. In 2002 and early 2003, we presented these recommendation to the Alabama Citizens Commission on Constitutional Reform, headed by Samford University's President, Dr. Thomas Corts, and to the Governor's Commission on Constitutional Reform. In 2004 and 2006 Alabama held a number of elections for seats on the Supreme Court and the Civil and Criminal Courts of Appeals. These elections were highly partisan and heavily financed elections. In the Supreme Court races in 2006 the candidates, for both the primaries and general elections, raised and spent over $11 million. Most of the money raised came from special interest groups, such as the political action committees of the business community, the trial lawyers, and the political parties. Such partisanship and campaign financing is continuing to destroy the independence and integrity of our judiciary.
Since 2004 we have continued to monitor and write about the rise of campaign donations and expenditures in our appellate court races. We continue to seek opportunities to educate the public about the dangers of continuing on this path and to advocate for election reform that will include merit selection of appellate court judges and non-partisan retention elections. As part of this effort, in the Fall of 2006, in collaboration with the Alabama League of Women Voters, Appleseed developed on online Voter’s Guide for The Supreme Court races, with all of the Supreme Court candidates (except two) participating. This Voter’s Guide can be found on the League’s website at http://www.lwval.org/election2006/voterguide/.
In 2008 there continues to be considerable interest in Alabama about the huge sums of money donated and spent in our appellate judicial races, especially the Supreme Court races. However, given the history over the last twenty years concerning the rise in special interest money in our judicial races, there has not been the political will or consensus for reform. Alabama Appleseed remains interested in participating in meaningful reform efforts to rid our judicial races of special interest, partisan campaign donations.
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