May 28, 2009 – Two legislative committees held a joint public hearing Wednesday on the Impartial Justice Bill -- Assembly Bill 65 and Senate Bill 40 -- at locations in both Madison and Eau Claire.

The bill – long-supported by the State Bar of Wisconsin and sponsored by Rep. Gordon Hintz and Sen. Pat Kreitlow – would greatly increase public financing for Wisconsin Supreme Court campaigns.  Immediate Past President Thomas Basting testified in support of the bill on behalf of the State Bar.

“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.   “This reflects the unique and critical role that the justice system plays in our system of government.”

Several years ago, the State Bar’s Board of Governors addressed the issue of public financing for 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.”

“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.

In December 2007, all seven members of the Wisconsin Supreme Court wrote a letter to Gov. Jim 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.”

In addition to Basting and the bill’s legislative sponsors, others testifying in favor of the bill Wednesday included the Wisconsin Democracy Campaign, the American Association of University Women, Common Cause in Wisconsin, the Wisconsin Association for Justice, and the League of Women Voters of Wisconsin.

The unique public hearing took place at two locations linked by video – one at the State Capitol in Madison and the other at the University of Wisconsin-Eau Claire. Members of the public testified at both locations and members of the two legislative committees – the Assembly Committee on Elections and Campaign Reform and the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing – were also in attendance at both locations.

Neither committee held a vote on the bill Wednesday.  Continue to monitor WisBar.org and visit the Bar’s Government Relations page for updated information on this legislation.