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• 159 mega-donors alone contributed 60 I believe campaign contributions to Integrity found that in 2012 and 2013
percent of all super-PAC donations.
judges are inherently prejudicial be- at least a third of the funds spent

cause of the unique nature of a judge’s by independent groups to influence
• The 32 biggest donors to both parties role. Whereas the Supreme Court has judicial elections originated outside the

gave more than all the small-dollar held contributions to other political election states—mostly from D.C.-based
donors put together.
campaigns to be a form of protected organizations. According to the center,

speech and free expression, no one has independent groups last year spent
• More than $3 out of every $10 was the right—outside the courtroom—to more than $2.5 million next door in

unaccounted for—meaning election try to persuade or influence a judge to North Carolina to influence our neigh-
authorities didn’t know who gave the his or her views. A judge’s role is not to bor state’s supreme court vote.

money or where it came from.
respond to voter persuasion, but only Since the Vanderbilt-haynes case,
to follow the law—and is to be in- Tennessee has passed a stringent judi-

unsurprisingly, and as a result, formed only by the applicable statutes, cial code of conduct, which is modeled
American citizens are cynical about precedents, and facts as argued before on recommendations by the American

their government and government’s the bench.
Bar Association. Among other require-
ability to keep it responsive to the Nevertheless, the precedent above ments, this code calls for judges to step

needs of people like themselves.
(Caperton v. A.T. Massey Coal Co.) is not aside in cases involving those who have
until recently, most of us believed an anomaly. In 2011, Davidson County contributed either to their campaigns

our court system was less tainted by Circuit Court Judge Barbara haynes or to an opponent’s. Nevertheless, as
money’s distorting effects on fair play refused to step down from a case in- judicial races become high-stakes polit-

than were the legislative and execu- volving Vanderbilt university Medical ical affairs and campaign contributions
tive branches. Whatever the previous Center and the death of a 12-year-old continue to mushroom, our state needs

perception, however, we now have girl. The Tennessee Court of Appeals additional action to protect it against
evidence—thanks to several cases and had to remove Judge haynes, who was these trends that would compromise

a 2012 study—that even our judicial on the hospital’s board of directors and Tennessee justice.
branch may be succumbing to the siren had attempted to dismiss the case.
Recently, governor Bill haslam and

song of campaign donations.
More generally, the American Con- former governor Phil Bredesen issued
The most blatant, high-profile stitution Society analyzed more than a bipartisan call for Tennessee to en-

example of trying—and succeeding—to 2,300 court decisions between 2010 shrine by constitutional amendment its
buy undue influence took place only a and 2012 and found that “a significant present system of having state appellate

few years ago in West Virginia, where relationship exists between business justices appointed by the governor. The
the CEo of a large coal company group contributions to state supreme current “Tennessee Plan” eliminates

donated $3 million to a state supreme court justices and the voting of those the influence of campaign cash. Conse-
court judge’s election campaign. This justices in cases involving business quently the Tennessee Bar Association

princely sum was more than half of
matters.” The more campaign contribu- supports the measure, which the state’s
the judge’s entire war chest. later, the tions a justice receives from business chief legal counsel, herbert Slatery,

same judge refused to recuse himself interests, the more likely he or she
calls “the most important judicial issue
and cast the deciding vote in an appeal will vote for business litigants in court of my lifetime.”

of a $50 million verdict against the coal cases. The study showed that judges re- If you want to keep Tennessee’s judi-
company, reversing a jury’s judgment. ceiving just half of their contributions ciary free from the influence peddlers,

ultimately, the case was argued in from business groups can be expected you should support the amendment, too,
2009 before the united States Supreme to vote in favor of those interests al- by voting for it this November 4th.

Court, where the judge’s refusal to
most two-thirds of the time.
step aside was found to be a violation Despite the u.S. Supreme Court’s Bruce Fox
has practiced law for more than 30 years and has
of due process because of the risk of ruling on bias and recusal, the situation successfully represented clients at every trial and appellate
bias. The high court ruled it was not continues to worsen as the national court level of the Tennessee State Judicial System. Learn

enough for the judge to assert he was brawls and partisanship so familiar
more at www.foxandfarleylaw.com.
unbiased when a “realistic appraisal of to Washington, D.C., have filtered

psychological tendencies and human down to the trenches of state courts.
weakness” would call his impartiality As evidence of the nationalization of

into question.
state judgeships, the Center for Public

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