Monday, October 08, 2007

Dollars Over Democratic Justice

www.commoncause.org/PA
September 30, 2007

While most of America remembers Teddy Roosevelt for reining in the corrupt corporations, most are unaware that in 1907 the Republican worked across party lines to pass the Tillman Act. The Tillman Act was the first time where free speech – the type the common American owns – was promoted over the words of the wealthy.

Yet as America watched the Model-T Ford evolve into today’s modern automobile and the Wright Brothers’ plane transform into the jetliner, the American political system has changed from a democracy fed by 20th century dollars into a democracy fed by 21st century dollars.

Pennsylvania’s court system also sports an old fashioned fundraising system. The connection between fundraising and bad politicians has been obvious, but not much light has been shed on how money affects our “independent” Judiciary. Until now.

According to The Pennsylvania Legal Intelligencer, the Philadelphia Trial Lawyers Association raised $632,000 for three State Supreme Court candidates, nearly half the money these Juatices needed to win office. While this is legal, the venerable G. Terry Madonna of Franklin & Marshall College said this “is a poster child case for why there ought to be limits.”

One state in the nation already solved this problem. North Carolina adopted The Judicial Campaign Reform Act, creating a voluntary system of public financing for judicial candidates. Why? The driving factor behind the change was the people. A poll conducted by the N.C. Center for Voter Education revealed that:

- 78% believed campaign contributions influence judges’ decisions “a great deal” or “some.”
- 58% believed there is a system of justice for the rich/powerful and everyone else.
- 81% support electing judges while only 15% support appointment of judges.
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After the pay-raise scandal, budget delay, and an array of other issues the voters of this state have presented similar concerns in regards the Commonwealth’s direction. What PA voters need is a viable solution to all the corruption. They need a system where the judges’ loyalty is to the public, not special interests, before they are running, while they are running, and when they are elected. They need Voter-Owned Elections.

Those who believe it is impossible to introduce this measure should note Sen. Jeff Piccola (Chair, State Government Committee) and Rep. Bill DeWeese (Majority Leader) already co-sponsored a similar Voter-Owned Elections bill in 1985 (HB-1379). It is our hope they introduce an updated version of this bill.

While much has changed in Pennsylvania since 1985, the ownership of elections (by special interests) has not. Changing this is not only intelligent, it is imperative; otherwise a vital part of our government will be further wedged into the same 100 year-old regressive political state it had been.

While at the stump in 1907, Roosevelt decried that “No people is wholly civilized where a distinction is drawn between stealing an office and stealing a purse.” The time has come to remove that distinction from our courts, and Pennsylvanians must seize the opportunity to take the money out of elections and place qualified judges back in.


Jake Miller is the Chair of the CC/PA Voter-Owned Elections Project Team and John Latini Jr. is a Staff Member of The Pennsylvania Delegation in the U.S. House of Representatives.

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