During the 2008 election there, which saw the defeat of incumbent Justice Louis Butler, more than $3.6 million were spent on television ads, with 89 percent of that amount coming from special interest groups. James Sample, counsel at the Brennan Center for Justice, characterized the ads against Justice Butler as being of “Willie Horton” quality, and noted that the Wisconsin campaign had turned into a “shameful race to the bottom.” (Sample was referring to the infamous 1988 presidential campaign ad run by the National Security Political Action Committee, which called into question whether Michael Dukakis was soft on crime.) That pattern has continued with an equally vitriolic television campaign between incumbent Chief Justice Shirley Abrahamson and challenger Randy Koschnick. Anyone interested in reading further or seeing these out-of-place television ads can go to justiceatstake.org, a nonpartisan group that works to keep the courts fair and impartial.
Luckily, a number of civic-minded leaders have stepped forward to form Minnesotans for Impartial Courts (impartialcourts.org), co-chaired by former Governor Al Quie and former Senate Majority Leader Roger Moe. Their proposal is a straightforward one: Use retention elections (like those already used in 20 other states) with the addition of a commission that would rate judges on their performance. This approach would preserve the option of a public election. But in the event a judge was not retained by the electorate, it would allow the governor, using the recommendations of the commission, to then fill that open position—much as the system has currently evolved. This approach would guarantee Minnesotans that the worst of the election abuses that we routinely put up with in legislative and executive elections would not invade the judicial branch of government.
As citizens, we should do much to support this position and get this much-needed reform on the ballot so that we can make an informed decision. It is essential to a free people, and to the very quality of our civic and business life, that we retain and ensure impartiality of our courts. Thank you for your efforts.
Sincerely Yours,
Vance K. Opperman
A Supporter of Impartial Courts
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May 2009
“Don’t Invest Like Pinocchio”
The wooden boy—and all investors—should heed the advice of a talking cricket: Don’t listen to those who promise you wealth overnight.
