What is a Judicial Campaign Oversight Committee?  A judicial campaign oversight committee is a body specifically established for the purpose of monitoring and commenting on judicial campaign conduct.  Oversight committees may take several forms: some are statewide, while others are local.  Some are government-sponsored and can impose official sanctions; others are professional or civic associations.  Often a state or local bar association founds or sponsors judicial campaign oversight committees. 

All oversight committees have an important role in:

• Educating candidates regarding appropriate campaign conduct;
• Advising candidates on the appropriateness of specific advertisements;
• Helping opposing candidates reach agreement about campaign behavior; and,
• If necessary, making public statements criticizing inappropriate conduct by candidates.

• Millions of dollars are being spent on running for a judgeship.  
• Negative television attack ads are being run.
• Candidates are campaigning in ways that may threaten their impartiality and independence as judges by campaigning based on personal views of matters likely to come before the courts.
• Interest groups are funding advertisements that seek to eliminate judges that disagree with their specific agendas.  For examples of these types of ads, view our repository of recent Judicial Campaign Ads Online.

Why should you be concerned?  

• The judiciary is different from the political branches of government.  
• The constitution of every state in which judges are elected prescribes standards that differentiate judges from other elected officials.
• Some types of judicial campaigns threaten the legitimacy and impartiality of our courts.  
• Judicial decisions must be based on the application of the law to facts presented in a case and must be made only after hearing the evidence presented by opposing parties.  
• Judges cannot represent any interest group, party or constituent.  The judiciary represents the law.

How can your organization contribute?  Your organization can help establish a judicial campaign oversight committee for your area on its own or in collaboration with other groups.  Oversight committees already operate in nineteen (19) states, run by bar associations and civic organizations to promote appropriate campaign conduct. We believe that having such committees in place will do much to support the overwhelming majority of judges and candidates who want to campaign judiciously.

Why should you act now?  Previously, all states with judicial elections had canons of judicial conduct that regulated what a candidate could say or do.  For example, candidates were prohibited from taking sides on controversial political issues that might later come before them in court.  

A 2002 Supreme Court decision—Republican Party of Minnesota v. White—struck down some of these provisions and called into question the constitutionality of other canons.  The White opinion recognized, however, that the judicial role, and thus the election of judges, is unique from the role of executive branch officials and legislators. Litigation in federal and state courts is defining the full implications of the Supreme Court’s decision.  

As a result, some candidates for judicial office are campaigning in ways that may call into question their impartiality as judges.  

Judicial campaign oversight committees, both bar-led and those sponsored by other organizations, are needed to ensure that inappropriate speech is brought to the public’s attention and taken into consideration when voters choose between judicial candidates.

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How can the National Ad Hoc Advisory Committee assist you?   The Committee invites requests for advice and assistance in forming and operating judicial campaign oversight committees.  The Committee members have a wealth of experience in oversight committees.   

The Ad Hoc Committee pursues its mission by:

• Making groups, such as state and local bar associations and civic organizations, aware of the judicial campaign oversight committee model;
• Offering advice on the organization, procedures, and operations of such committees;
• Establishing best practices for such committees;
• Serving as a clearinghouse for the exchange of information about oversight committees and their impact; and
• Collaborating with local and national organizations to analyze issues facing such committees.

Please note that responses to requests from individual candidates or their campaigns will be limited to referrals.  Nothing the Committee says shall be construed as an endorsement of any candidate's or committee's action(s) or as legal advice.

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