Campaigning for the Bench: The Corrosive Effects of Campaign Speech?
James L. Gibson
Washington University in St. Louis - Department of Political Science
December 29, 2007
A new era has emerged in the ways in which candidates for state judicial office campaign. In the past, judicial elections were largely devoid of policy content, with candidates typically touting their judicial experience and other preparation for serving as a judge. Today, in many if not most states, such campaigns are relics of the past. Modern judicial campaigns have adopted many of the practices of candidates for other types of political office, including soliciting campaign contributions, using attack ads, and even making promises about how they will decide issues if elected to the bench.
Not surprisingly, this new style of judicial campaigning has caused considerable consternation among observers of the courts, with many fearing that such activity will undermine the very legitimacy of these fragile legal institutions. Such fears, however, are grounded in practically no rigorous empirical evidence on the effects of campaign activity on public evaluations of judicial institutions.
The purpose of this paper is to investigate the effects of campaign activity on the perceived legitimacy of courts. Using survey data drawn from Kentucky, I use both post hock and experimental methods to assess whether public perceptions of courts are influenced by various sorts of campaign activity. In general, my findings are that different types of campaign activity have quite different effects. For instance, policy pronouncements by candidates do not undermine judicial legitimacy, whereas policy promises do. Throughout the analysis, I compare perceptions of courts and legislatures, and often find that courts are far less unique than many ordinarily assume. I conclude this paper with a discussion of the implications of the findings for the contemporary debate over the using elections to select judges to the high courts of many of the American states.
Number of Pages in PDF File: 34
Keywords: judicial elections, campaigning, Republican Party of Minnesota v. White
JEL Classification: k40working papers series
Date posted: December 30, 2007
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