Minnesota’s judicial system was designed to keep judges and justices impartial in their decisions of cases and independent from the other two branches of government.

• Judges should be free to decide cases from political pressure, influence of special interests, and interference from other branches of government.
• Judges should rule dispassionately, applying the rule of law, not their own personal beliefs, and treat all who come before them equally under the law.
• Judges serve as guardians for the Constitution and provide justice for all

Yet judicial elections have continuously become more partisan and expensive, and it is just a matter of time before the high expenditures and negative attacks infiltrate Minnesota, bringing with it a judiciary influenced by special interests and partisan politics.

“The judiciary simply cannot be impartial or trusted when party politics encourages judges to behave as traditional politicians . . . our role is distinctly different. Whereas executive and legislative officials commit themselves to enacting their political agendas, a judge’s role is to interpret the law fairly and ensure due process to every litigant.” -Honorable Alan Page, Associate Justice on the Minnesota Supreme Court

Current situation in Minnesota and why it is a problem

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 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.

Retention election system as solution to keep money out of the judicial elections

The public should always have the ability to vote on whether a judge remains in office; however it should be based on performance and merit, not swayed by special interests or partisan politics.

Proposed legislation in the Minnesota Legislature, SF70 / HF224 , would put a constitutional amendment on the ballot that would switch our current system of selecting judges to a retention election system.

Retention election systems are currently used by 20 states across the nation. It preserves the rights of voters to decide which judges should remain in office, while removing the partisan and special interest group influence. It focuses on the qualifications and performance of our judges. In a retention election system:

• A nonpartisan, independent judicial evaluation commission would publicly evaluate the judge’s work.
• The public votes to retain or not retain a judge; there is no opponent on the ballot.
• If the majority of the public votes to not retain the judge, the governor appoints a new judge using the methods that are currently used for midterm appointments.
• If the judge is retained, they serve an eight year term.

This legislation has passed through two committees in the Senate and is still waiting for movement in the House. If passed, it would have to be approved by a majority of Minnesota voters to become a constitutional amendment.

Additional resources

Brennan Center for Justice

League of Women Voters Minnesota
Minnesotans for Impartial Courts:
Minnesota State Bar Association