The National Institute on Money in State Politics released a report on June 14, 2011, titled “Louisiana Courts of Appeal: Open Seats Much Sought; Incumbent Seats Rarely Fought,” by Linda Casey.

The report indicates that campaign contributions for the 2008, 2009, and 2010 Louisiana Courts of Appeal elections came primarily from lawyers, law firms, lobbyists and candidates themselves. These sources combined supplied sixty-three percent, sixty-eight percent, and fifty-six percent of all funds in 2008, 2009, and 2010 respectively. Similarly, in contested races, candidates received sixty-one percent of funding from these same top donors. For self-funded candidates, spending over the three years added up to almost $1.4 million. Meanwhile, lawyers and law firms donated $1.5 million to campaigns across the board.

These top two funding sources are of particular importance to PMC. First, when candidates are expected to contribute significantly to their own campaigns, those with less money but potentially better qualifications are prevented from entering the race. As a result, the public unknowingly loses the opportunity to have a fairer and more qualified judiciary. Second, when law firms and lawyers donate nearly forty-five percent, $1.1 million, to candidates running for an open seat, elected judges risk pressure from donors regarding decisions and, even if they resist that pressure, public skepticism of impartiality, if not outright distrust. Raising money for campaigns is a problem in all states that elect judges. By taking money out of the equation, Merit Selection increases public faith in the judiciary and gives qualified candidates, who could not otherwise afford to, a better opportunity to reach the bench.

The study reinforces what has long been known to critics of Pennsylvania’s own system of electing judges in partisan contests.  Namely, that money plays an overly-determinative role in judicial elections.  Oftentimes this money comes in the form of campaign donations from individuals who may subsequently appear before the elected judge.

Incidentally, the Institute study comes on the heels of a report by PMC  on the record amounts spent in the most recent Supreme Court race. The election cost at least $4.5 million and possibly more than twice that when all of the political party spending is accounted for.

Fundraising prowess weighs heavily on a candidate’ s ability to win an election, and may add some value to the consideration of a political candidate, but should bear little on one’s capacity to be a fair and effective judge.   A switch to Merit Selection would eliminate the influence of money on judicial selection and shift the focus back to finding the most qualified individuals for the job.