Wednesday, November 08, 2000
Supreme Court campaign tests system's integrity
Attack ads a new feature in judicial races
By Spencer Hunt
Enquirer Columbus Bureau
COLUMBUS Justice Alice Robie Resnick infuriated Republicans and their allied business interests with a series of 4-3 decisions that cast out lawsuit reforms and tougher worker compensation rules.
She also wrote two decisions ordering the state to spend millions more on schools.
Judge Terrence O'Donnell pitched himself to voters as someone who would interpret laws from the bench, not write new ones. That message was intended to show voters and supporters he'd have ruled differently in those cases.
The race between Justice Resnick and Judge O'Donnell raised tough questions about the integrity of the court system, and the way judicial campaigns should be run.
Judges are restrained by ethics rules not to say or do anything that would indicate how they would decide cases. Those rules do not apply to special interest groups, which were able to skirt state campaign finance laws to play a dominant role in this race.
The U.S. Chamber of Commerce and a group called Citizens for a Strong Ohio spent up to $4 million on ads questioning Justice Resnick's record. The most controversial were two commercials that claimed the justice often ruled in favor of trial lawyers who had given to her campaign, and even reversed herself in a case after a state labor leader complained.
Those ads prompted Democratic party leaders, and groups representing Ohio's unions, trial lawyers and teachers to spend more than $1 million on ads defending Justice Resnick.
The business-interest ads set a new spending record for high court races, inspired a wave of controversy and several legal complaints intended to make both groups reveal finances and donors.
Experts predict these issue advocacy commercials will reappear in court races.
Absolutely, said Lawrence Baum, a professor at the Ohio State University who specializes in judicial politics. How much it will continue will depend in part on how successful these groups were.
That troubles Seth Andersen, an ethics expert with the Chicago-base American Judicature Society. He worries such ads will give voters an impression that judges are bound to special interests instead of the law.
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