Judicial elections – I give up

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I have long opposed changes to how Wisconsin elects its judges. From proposals for appointment, to so-called “merit-selection,” to limits on the amount of campaign contributions, I have opposed them all.

But I’m switching sides, now. What is the cause of the sudden change of heart, you ask?

Have I suddenly decided that it is something other than a flagrant violation of the First Amendment to impose any limits on campaign contributions? Certainly not.

Have I suddenly decided that “merit selection” would result in something other than a judiciary that is hand-picked by self-serving insiders at the State Bar of Wisconsin? Certainly not.

Have I suddenly decided that Gov. Doyle could do a better job of selecting justices than the voters, and remove political considerations from the process? Certainly not.

So what has changed?

The U.S. Supreme Court has decided Caperton v. A.T. Massey Coal Co., holding it violated the Due Process Clause of the United States Constitution for a justice on the West Virginia Supreme Court not to have recused himself from a case involving a party who made a large donation to a 527 organization that supported his campaign.

Chief Justice John Roberts wrote a brilliant dissent, bemoaning the flood of judicial recusal motions that are sure to arise in the wake of this opinion, and listing 40 other issues that courts will now have to determine when a party to a case has made any contribution to a judge or justice, or organization that supported a judge or justice hearing the case.

I wholeheartedly encourage our readers to take advantage of this list, file motions to force the judges in your cases to recuse themselves at every possible opportunity, and bill your clients for hundreds of hours worth of time arguing one side or another of these issues.

It’s a great business opportunity that the Supreme Court has given you. You should take advantage of it.

But as for me, I’m switching sides. As much as I support judicial elections, if the Supreme Court is reckless enough to encourage this sort of nonsense, it’s time to wave the flag of surrender, and get rid of judicial elections altogether.