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Judges face campaign finance dilemma

My column today:

If you want to see a judge squirm, ask if he or she is taking donations from lawyers. ...

I'm not really for tormenting the men and women who preside over our court system. It's not their fault they have to win their jobs by popular election and that it costs a lot of money to do that. And who's going to contribute to judicial candidates if not lawyers?

Yet, it doesn't look right. Lawyers argue cases in front of these judges, who likely know which ones did or didn't give to their campaigns. Does that influence the way justice is dispensed?

Some candidates themselves suggest it does. Kris Bailey, a former Wake County District Court judge now running for a seat on the N.C. Court of Appeals, proclaims himself "the only choice in this race who refuses money from lawyers. Kris Bailey is not for sale."

His position is unusual. More common is Patricia Timmons-Goodson, appointed to the N.C. Supreme Court earlier this year and running for a full term.

Timmons-Goodson is such a straight arrow that, when I met her last week at Guilford College for an interview and suggested we cut across a lawn, she insisted on taking the longer route along the sidewalk. But she accepts money from attorneys, even while acknowledging the appearance of a conflict.

"Quite honestly, it is," she said. "That's the system we have."

Her opponent, Court of Appeals Judge Eric Levinson, is doing the same. So are all other Supreme Court candidates except Rachel Lea Hunter, who shows only donations from herself on her latest campaign finance report.

Statewide judicial candidates can participate in public campaign financing, but they have to qualify by raising at least $33,000 in contributions of $500 or less. Much of that typically comes from lawyers. Bailey, without money from attorneys, didn't reach the threshold. His opponent, Court of Appeals Judge Bob Hunter, did and says public financing "makes candidates more independent."

The public fund provided Bob Hunter with $144,500. He also raised about $80,000 in private donations as of June 30, the most recent reporting date. Much of that money came from attorneys. Exactly how much can't be determined because the source of contributions of $100 or less doesn't have to be disclosed.

Bailey had raised just over $21,000. He stands in a deep financial hole unless his position against lawyers' money resonates with voters. He says it does: "Voters can be very heated about it," he told me in a Raleigh interview.

If that's true, the public also has to be discerning enough to look past the issue. After all, Rachel Lea Hunter takes the same stance as Bailey. But she and her opponent, Supreme Court Justice Mark Martin, are so mismatched that the state's legal community is practically unanimous in supporting Martin. His fundraising as of June 30, all in private donations, came to nearly $350,000, much of it from lawyers. Does that mean hundreds of lawyers across North Carolina are trying to buy his favor, or is it because they want to make sure the better candidate wins?

Guilford County Public Defender Wally Harrelson, a contributor to Superior Court Judge Stuart Albright's campaign, doesn't see donations as a means to purchase judges.

In more than 40 years, Harrelson said, he's never observed a contribution exerting influence over a judge, and he doesn't expect his donation to have that effect on Albright.

"Members of my staff are supporting his opponent (Susan Bray), and I don't think that would influence his opponent to favor them," he added.

The suggestion of influence-buying makes judges sweat. So does a system that turns them into politicians at election time. At the heart of the matter, what difference does it make whether they raise campaign funds from lawyers, physicians, insurance executives or anyone else who might appear in court? Do we really have to worry that our judges can be corrupted for a $500 donation?

If so, then we'd better change the system because, right now, anyone who wants to win an election has to raise money from someone.

Note: All candidates' campaign finance reports can be viewed at the N.C. State Board of Elections Web site.

Comments (4)

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Susan Bray said:

I hope the lack of comments to this op-ed is not indicative of public interest in our judicial races! Yikes.

I wanted to get some facts and figures together before I responded, so I did some research on the State Board of Elections website. For some reason, it doesn't have my 1996 election reports, and without traipsing up into the attic and rooting around for it, I can't comment specifically on that year, but in the other years I have run for district court judge, I spent less than $10,000 and not a dime came from attorneys. (I know I spent less than $10,000 in 1996, but I just don't have those exact figures.)

For me, it was $9759 in 1994, $7907 in 2000 and $8659 in 2004. Most of those monies were my own. I either dipped into savings or an investment/supplemental retirement account to finance my campaigns.

I had always chosen not to accept contributions from attorneys because I just didn't like the appearance of it. I can also tell you that when I was an assistant district attorney, running against a sitting judge, I don't believe very many attorneys would have contributed to my effort anyway.

In looking at some of my colleagues' reports, I can tell you I spent far less than most judges and judicial candidates for district court. Judge Teresa Vincent spent $20,000 in 2000, Judge Robinson Hassell spent over $20,000 in 2004, Judge Patrice Hinnant spent $18,000 in 2004, Judge Lawrence McSwain spent $28,000 in 2000, Judge William Daisy spent $39,000 in 2000, Judge Sherry Alloway spent $68,000 in 2004 (her race included a primary). Judge Susan Burch spent $11,000 in 2004.

When I decided to run for superior court, I knew I would be facing an opponent with a lot of financial resources. I could tell that by his previous campaign for district attorney. Stuart Albright spent over $70,000 in 2002's district attorney race. It appears from the Board of Elections website, that he didn't spend a dime of his own money. He had a lot of donors and a lot of high level donors.

And because he was appointed to fill his father's judicial seat until the election, I knew he would have an "incumbent's" advantage when it came to support. Many attorneys follow the tradition of contributing to sitting judges. There is some perceived pressure to do this, in my opinion. In fact, he has raised over $40,000 through the last reporting period (June 30). I do not plan to spend anywhere close to that.

Anyway, with this in mind, I decided to end my moratorium on attorney contributions for this superior court race. Sure, I felt like I sold out to a degree...I still don't like the appearance. But I had a number of attorneys tell me they wanted to help me, and I am very appreciative. I have tried to be low-key about my whole financing approach. I sent out a general letter to attorneys in Guilford County to let them know who I was and what I was about. We have over a thousand lawyers in our county, and the bulk of them do not practice in state district court, so I wanted to introduce myself to all of them. In my letter, I indicated I would be grateful for any support or contribution but that they could rest assured that a donation or lack of donation would never make a difference in how they or their clients were treated in my court. That is not what I am about.

Other than that general letter, I have not asked anyone for a contribution or had anyone ask for me. I just don't feel right about putting the squeeze on people like that. Attorneys, law enforcement officers, court officials have to work with whoever the judge is, and I believe it is just wrong to put pressure on them about who they support. By the same token, I have never asked anyone in our courthouse community to put a sign in their yard, a sticker on their car, etc. If they ask me about it, then, of course I take them up on their offer! But again, these folks have to work with whoever is the judge, and it's just not right to put them on the spot.

For what it's worth, I can tell you that attorney contributions represent 24 percent of what I anticipate spending this year. I have put over $20,000 of my own money into this race. Again, I dipped into an investment/retirement account. It's not a loan. I am pretty tight with how I spend this money. You won't see expenditures on any of my past of current reports for things like receptions, gifts, computers, gift certificates, bands, parties, robes, meals. I was a bit surprised to see those disbursements on other reports. I guess it's easy to spend someone else's money, but I would never consider spending campaign contributions to buy gifts or pay for a band. My money goes for basics like yard signs, advertising, postage and handout cards.

One final note. In your article, you mentioned that Guilford County Public Defender Wally Harrelson is financially supporting Stuart Albright for judge. By statute(NCGS 7A-466), the public defender is appointed by the senior resident superior court judge. In other words, Stuart Albright's father (Judge W. Douglas Albright) has kept Wally Harrelson appointed as public defender all these years. And, as Mr. Harrelson mentioned to you, most members of his staff are supporting me. I take great heart in that because those assistant public defenders are in court every day, representing thousands of defendants each year. Those assistants have a knowledgeable perspective on how I and other judges do our jobs.

Doug said:

Judge Bray,

Thanks for your comments and the inside look at a judicial campaign.

Responses here may be indicative of the public's interest. I've only received communications from judges and lawyers about the column. Of course the public should be very concerned about judicial races. Among many other reasons, tax dollars are paying for most of the statewide judicial races. (There's no public funding for superior and district court campaigns.)

The June 30 reports show Stuart Albright had raised $44,393, while you had received only $3,124. How will that disparity affect the outcome in November?

If you want to see a judge squirm, ask if he or she is taking donations from lawyers. ...* Doug

Or better yet! Is he or she taking money from political parties in a non-partis judical race. Wait a minute you already cover that. Excellent story Doug and don't worry about the interest in judical races. I have more faith in the voter checking things out with the age of the internet as the weapon of information on judical races in the future. It's here and some so-called political expert folks just haven't fiqure that out yet.

Susan Bray said:

You're right. There was a huge disparity in money as of June 30. I don't know what the disparity is now. The next reports aren't filed until sometime in October.

As I said in my earlier posting, I have added $20,000 of my own money and have accepted some other contributions. I am still not near the $44,000 my opponent had in the bank as of June 30.

Who knows how the financial disparity will play out? My previous campaigns have never been about money. As I stated earlier, I'm pretty thrifty with campaign dollars and never spend what I don't think I need to. And, quite frankly, even if I had a ton of money, I probably would not spend $40-50,000 plus for a local judicial race. I think that's ridiculous.

So, you won't see television ads for me. I'll be a no frills, basic type--print ads in various publications, a couple of billboards, ads in community/school programs, website and a couple of web ads. I've always relied on word of mouth and what I hope is a good reputation for doing a good job and of course, I'll hope for informed voters! That's key.

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