May 17, 2004
Judicial Candidates to Get Public Funds
By J. Barlow Herget
RALEIGH - The tax returns are in and it’s time to open the envelope.
The amount is $1.245 million! That’s the money in the Public Campaign Financing Fund for judicial elections, according to Scott Logan, governmental auditor with the State Board of Elections, the caretaker for the fund.
It’s not chump change, but it isn’t quite enough money to fulfill the aspirations of the Judicial Campaign Reform Act of 2002. The Act envisioned sufficient money to help candidates for the state’s appellate court run campaigns without big donations or special interest contributions, and to provide citizens with voter guides about these judicial candidates. And let's be honest, the candidates on the ballot the people know the least about are the ones running for judge.
There was a balance of about $578,000 in the Fund before this year, and the remainder of the money came through a $3 check-off on individual tax returns.
Because it is a new item on state tax returns, there was confusion by some taxpayers who thought the $3 would be taken from their refunds or added to their tax bill. It would not.
Also, some taxpayers who filed their returns electronically found there was no box to check on their computerized versions of the state tax forms.
That’s the bad news, and as they say in baseball, there’s always next year. Glitches will be anticipated and taxpayers will know more about the Fund.
The good news is that there is enough money to play ball. The Fund will be able to provide campaign money in most appellate court races.
While the Act requires voter guides, the State Board of Elections, its staff and the Fund’s Advisory Board all agreed that the new law gave first priority to helping judicial candidates with campaign expenses.
This is a wise decision. The purpose of the Act was to reduce the influence of special interest money in our judicial races. Surveyed voters say they are worried about judges taking campaign money, especially from lawyers and parties that may have business before the same judges.
Unlike other elected officials who are expected to take sides on issues, judges are held to a higher standard. They must be fair and impartial and follow the law.
This year’s candidates for the Supreme Court and Appeals Court seem to appreciate the intent of the new law. With the filing deadline closed, the Board of Elections counts 10 candidates. Seven of them filed applications to participate in the public financing program and two more have indicated they will participate.
Superior Court Judge Edwin G. Wilson, Jr., chairman of the N.C. Center for Voter Education (NCCVE), observes, “There is strong bi-partisan support, and our appellate judicial candidates seem excited about making this work in North Carolina. This is a good first step.”
There is one opening on the seven-member Supreme Court and three seats open on the 15-member Appeals Court. All of the positions now are non-partisan.
Justice Sarah Parker, the only woman on the Supreme Court, is running for re-election against Judge John Tyson.
On the Appeals Court, Judge Linda McGee faces challenger William Parker, an attorney, and Judge Wanda Bryant is opposed by lower court Judge Alice Stubbs.
Newly appointed Judge Alan Thornburg faces three opponents: Marvin Shiller, Barbara Jackson and Marcus Williams, all attorneys.
The two top candidates in each race in the July 20 Primary qualify for the general election ballot Nov. 2. This means there is no need for primary campaigns in three of the four appellate court races. This, in turn, should save money for the Fund.
Many supporters hope the legislature will provide more funds to publish a voter guide and mail it to every voter, but if not, Chris Heagarty, executive director of NCCVE, says, “You can get good information to millions of people through other methods that are more affordable.”
Heagarty explains, “You can use inserts in newspapers, Internet Web sites, and have a limited number of copies at the polls. Because it is so important for voters, some newspapers may provide insert guides as a public service.”
A. P. Carlton, a Raleigh attorney and former president of the American Bar Association who supported the Act, reminds citizen: “It’s an experiment. We’re the test tube on this. It has changed the calculus on how judges fund their races. Up to this point, it’s a qualified success, and we will fine-tune it as we go along. I think we’re in a good place.”
Barlow Herget is a former Raleigh city councilman and is host of "State Government Radio Newsmakers."
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