Problems with Current System
Due to the 2005 U.S. Supreme Court decision in Republican Party of Minnesota vs. White, judicial candidates in Minnesota are no longer prohibited from stating their views on “disputed legal and political issues.” Judicial candidates are now able to:
- Seek, accept and use political party endorsements in judicial elections
- Announce party affiliation, although it is not listed on the ballot
- Speak at and attend political gatherings
- Request campaign contributions before groups of at least 20 people
- Announce positions on social and political issues
While judicial candidates are still prohibited from asking individuals for contributions or making promises or partaking in any other activities that may inhibit their impartiality, this severely puts the continued impartiality of our judicial system at risk.
The decision in Republican Party of Minnesota vs. White makes is possible for special interests to become more and more involved with the judicial selection process. Candidates for judge are now allowed to make promises to and solicit campaign contributions from special interest groups and political parties, who could then expect them to be responsive to their special interests when deciding cases.
There should be no opportunity for “influence-buying” in the judicial system. Minnesotans deserve an independent and impartial judiciary.
