Dec. 1, 2009 – Gov. Jim Doyle signed the Impartial Justice Bill into law today, putting the finishing touches on the most significant judicial election reform in several decades. The legislation, Senate Bill 40, will greatly increase public financing for Wisconsin Supreme Court campaigns.
Enactment of the new law accomplishes a major public policy goal of the State Bar of Wisconsin, which actively lobbied for the bill prior to its final passage in early November. The State Bar’s Board of Governors has long-supported similar legislation, which was introduced this year by Senator Pat Kreitlow and Representative Gordon Hintz.
Successful passage and enactment of the landmark bill crown a highly productive lobbying year for the State Bar.
“We have all seen how interest groups can sway the outcome of Wisconsin Supreme Court Cases,” Gov. Doyle said at the bill signing. “This legislation is an important campaign finance reform that will ensure impartiality and public confidence in our state’s highest court. I have long championed this reform and I am proud to finally sign it into law today.”
Wisconsin joins North Carolina and New Mexico as the only states to enact a public financing system for judicial elections.
Public financing of Wisconsin Supreme Court campaigns
Under the legislation, money from a $3 check-off on individual state income tax returns will be placed in a Democracy Trust Fund. If the check-off does not generate sufficient funds, the legislation provides a sum-sufficient appropriation under which money will be transferred from the state’s general fund to fully fund the program.
Qualifying candidates for the Supreme Court will be able to receive $100,000 for the primary election and $300,000 for the general election. However, in order to qualify for public financing candidates must first collect 1,000 qualifying contributions totaling between $5,000 and $15,000 and must agree to an overall spending cap of $400,000.
If a Supreme Court candidate does not accept public financing, that candidate would be limited to accepting no more than $1,000 from each campaign contributor. Under current law, candidates for the Supreme Court can accept up to $10,000 from individuals and $8,625 from campaign committees.
In addition, if a candidate accepts public financing and their opponent does not, the candidate accepting public financing is eligible for up to $300,000 in additional grants to match an equivalent amount of spending by their opponent in the primary election - or $900,000 in the general election – as long as the candidate not accepting public financing spends more than the original public financing grant. Candidates accepting public financing can also receive supplemental grants to counter registered independent campaigns by third-party groups.
However, under the bill, supplemental grants cannot be made to counter so-called “issue ads” run by third parties during a campaign, which target candidates without invoking specific calls to vote for or against a candidate.
The Legislative Fiscal bureau estimates that when fully implemented the program could cost as much as $3.5 million per Supreme Court election.
The bill will be effective for the next Supreme Court election, which takes place in 2011.
State Bar support
Several years ago, the State Bar’s Board of Governors addressed the issue of public financing for Wisconsin Supreme Court campaigns and concluded that such a reform would “help maintain the integrity and independence of Wisconsin’s courts, where even the perception of bias destroys public trust and confidence in the justice system.”
In December 2007, all seven members of the Wisconsin Supreme Court at that time wrote a letter to Governor Doyle and all legislators expressing their support for “realistic, meaningful public financing for Supreme Court elections to facilitate and protect the judicial function.” While the court made it clear it was not endorsing any particular bill, the justices stated “The risk inherent in any non-publicly funded judicial election for this court is that the public may inaccurately perceive a justice as beholden to individuals or groups that contribute to his or her campaign. Judges must not only be fair, neutral, impartial and non-partisan but also should be so perceived by the public.”
When legislators introduced this session’s version of the Impartial Justice Bill in February, Diane Diel, State Bar Immediate Past President, issued a statement supporting the bill, saying, “This legislation is the most direct and visible way to maintain the integrity of Wisconsin’s courts and bolster public confidence in them. The Bar’s position recognizes the fundamental importance of assuring Wisconsin residents and businesses that justices cannot be influenced by contributions to the election campaigns of judicial candidates. I strongly urge other Wisconsin residents to join us in affirming the principle that Wisconsin’s highest court must remain fair, neutral, impartial and nonpartisan.”
In addition, State Bar Past President Thomas Basting testified in support of the bill on behalf of the State Bar at a joint Senate/Assembly public hearing on May 27.
“The State Bar of Wisconsin recognizes the inherent benefit public campaign financing for Wisconsin judicial elections offers as a means to avoid even the perception that contributions to the election campaigns of judicial candidates could influence their decisions,” Basting told legislators in May. “This reflects the unique and critical role that the justice system plays in our system of government.”
“The escalating cost of Supreme Court election campaigns in Wisconsin, highlighted by recent record-setting expenditure levels, has alarmed many observers concerned that the infusion of such large amounts into a judicial campaign poses a threat to both judicial neutrality and public trust in the justice system,” Basting testified.
The State Bar’s activities regarding legislation and lobbying are coordinated by the State Bar’s government relations team. Continue to monitor WisBar.org and visit the State Bar’s Government Relations page for updated information on this and other legislation.
Adam Korbitz is the Government Relations Coordinator for the State Bar of Wisconsin.
Related articles:
State Bar celebrates a year of legislative victories as fall session ends – Nov. 11, 2009
Legislature passes Impartial Justice Bill; Governor expected to sign – Nov. 6, 2009
In battle over judicial recusal, First Amendment trumped due process rights – Nov. 4, 2009
Recusal not required on account of campaign contribution, independent expenditure of party to proceedings – Oct. 28, 2009
Impartial Justice Bill receives public support at statewide events – Oct. 28, 2009
October rallies to be held around Wisconsin in support of Impartial Justice Bill – Oct. 16, 2009
Senate judiciary committee approves Impartial Justice Bill, holds hearing on Family Justice Bill, other issues – Aug. 25, 2009
Assembly committee approves Impartial Justice Bill, increasing public financing of supreme court campaigns – June 25, 2009
U.S. Supreme Court Issues Massey v. Caperton Ruling – June 9, 2009
State Bar testifies in support of the Impartial Justice Bill – May 28, 2009
Statement of State Bar President Diane Diel in Support of Senate Bill 40, the "Impartial Justice Bill" – Feb. 10, 2009
Rotunda Report is the State Bar of Wisconsin’s Government Relations e-newsletter that highlights legislative, judicial, and administrative developments that impact the legal profession and the justice system. It is published twice a month and is distributed free to attorneys, public officials and others who help shape public policy in Wisconsin. We invite your suggestions to make the Rotunda Report more informative and useful and we encourage you to visit our Web site for the most current information about justice-related issues.
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