Editorials: When Can a Judge Ask, ‘Write Me a Check’? | Garret Epps/The Atlantic
Here’s an old Chicago joke: A judge comes to a lawyer preparing to try a case. “The other side just gave me $10,000 to decide for them,” he says. “You have two choices: you can give me $20,000 to decide for you.” “What’s other choice?” the lawyer says. “Give me $10,000 and I’ll just decide based on the law.” A judge who actually tried this would be in trouble. Flat-out bribery is illegal. But very often the real scandal in a society is what is legal. What about a judge who says, “You might want to know that the other firm has contributed to my campaign fund”? Currently 39 out of the 50 states have a system of popular election for judges. All but nine of those states have laws providing that judges and judicial candidates “shall not personally solicit campaign funds, or solicit attorneys for publicly stated support.” They may establish campaign committees to raise funds; but the hey-given-me-money-lately sidebar is forbidden.