In one of the most noteworthy and actually entertaining judicial campaign ads, the cast of The West Wing reunited to support Bridget Mary McCormack for the Michigan Supreme Court. The ad also offers an important announcement that transcends McCormack’s campaign: because voters frequently and reflexively vote straight “R” or “D” (which is one of the reasons why the concept of popular judicial election can be problematic), those voters are, perhaps inadvertently, not voting at all on the non-partisan portion of their ballots. Many states, including Michigan, use non-partisan judicial elections. Here is the ad:
Archive for September 26th, 2012
NBC’s The West Wing Campaigns for a Judicial Candidate
Posted by judicialethicsforum on Wednesday, September, 26, 2012
Posted in Judicial Campaigns, Judicial Selection | 1 Comment »
The ABA Is Adjusting the Disqualification Rules After Caperton
Posted by judicialethicsforum on Wednesday, September, 26, 2012
The ABA’s standing committees on ethics and discipline are considering changes to the disqualification rule (2.11) of the Model Code of Judicial Conduct in light of Caperton and the problems of judicial campaign contributions and expenditures. The possible revisions are pursuant to Resolution 107, which reads in relevant part:
That the Standing Committee on Ethics and Professional Responsibility and the Standing Committee on Professional Discipline should proceed on an expedited basis to consider what amendments, if any, should be made to the ABA Model Code of Judicial Conduct or to the ABA Model Rules of Professional Conduct to provide necessary additional guidance to the states on disclosure requirements and standards for judicial disqualification.
The committees have released their second draft of the proposed rule change, which omits several restrictions proposed in the first draft. In response, Cindy Gray and the American Judicature Society proposed a stronger and more comprehensive rule in several respects. That rule can be found on pages 18-19 of this document, which also contains the other commentary on the second draft. The committees have kindly decided to post another draft for comment before the proposed rule goes to the House of Delegates next year.
UPDATE: The third draft is available here. Comments are due by February 22, 2013.
Posted in Canon 2, Judicial Campaigns, Judicial Disqualification & Recusal | 1 Comment »