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WASHINGTON - The nation's largest lawyers group is
developing a plan to counter a Supreme Court ruling that gives judge
candidates more freedom to act like politicians.
Alfred P. Carlton, Jr., the incoming president of the
American Bar Association, said the organization fears nasty
elections involving judges "forced to become partisan
politicians."
This year, as voters in 33 states pick supreme court
candidates, an ABA commission will study options such as publicly
funded court elections. The group meets in Detroit next week
followed by public hearings this fall in Philadelphia, Portland,
Ore., and Austin, Texas.
Carlton said Monday that the panel does not expect
Americans to give up their elections, but it will look at limits for
campaigns to solve what he sees as a public relations problem for
judiciaries.
About 40 states have some type of judicial
elections. Most limit what candidates can say or do while
campaigning. States are having to review their restrictions
after the Supreme Court struck down Minnesota's limits in
June.
The ruling opens the door for candidates to talk more
freely about controversial issues such as abortion and school
prayer.
The ABA recommendation may include ending partisan
elections in states that still allow candidates to run under party
labels and new speech rules that could push the boundaries of the
Supreme Court ruling.
The ABA and other legal groups have long argued that
appointments would improve courts by getting the most qualified
people as judges and insulating them from
politics.
More than 80 percent of state court judges face some
elections, and those races have gotten more expensive. In
2000, state Supreme Court candidates raised $45.6 million, a 61
percent increase over 1998, according to the group Justice at
Stake.
Federal judges are appointed by the president, and
some states also have appointment systems.
A poll commissioned by the ABA
found that people don't mind candidates speaking out or
elections. Three-fourths of those interviewed said they
have more confidence in judges they elect
than those who are
appointed. |