‘Let’s keep judges judging and leave politics to the politicians’
For 50 years, Kentuckians have elected judges in nonpartisan elections. Canon 4 of the Kentucky Code of Judicial Conduct says “A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary. This canon is to be interpreted consistent with the First Amendment to the United States Constitution, other constitutional requirements, statutes, other court rules, and decisional law.”*
Federal court decisions have given judicial candidates more freedom to make judicial elections seem like other elections, but a nonpartisan judiciary is at the heart of what Kentuckians believe is necessary to maintain the fairness of their courts. To ensure we have this kind of judiciary, the Kentucky Judicial Campaign Conduct Committee raises objection to Section 11 of House Bill 534, which we fear would increase partisanship in Kentucky’s judicial elections.
Specifically, we object to language that would invite judicial candidates to disclose their political party affiliation and their current and past voter registration, including “communicating political values or viewpoints consistent with his or her party affiliation.”
Judicial candidates can already do that, so nothing in the legislation will contribute to improving our judiciary. Rather, it would promote increased partisanship and unhelpful qualities in our judges. Simply put, “political values” should be irrelevant in judicial elections and judging. Indeed, when a person seeking to be a judge states political values, that increases the likelihood of a judge who lacks the open-mindedness and objectivity that judging requires. We don’t need judges who have made up their minds before the first witness is heard, or who are inclined to favor parties due to political affiliation.
We believe that implicitly inviting judicial candidates to run campaigns colored by partisanship would reduce voters’ attention to qualities that a judge should possess, including a reasonably sound understanding of the law, a variety of life experiences, and a keen sense of fairness.
The Kentucky Judicial Campaign Conduct Committee is a private, nonprofit, nonpartisan group organized 20 years ago to safeguard the integrity of the judiciary in Kentucky judicial elections. We respectfully ask all Kentuckians to preserve a nonpartisan Kentucky judiciary. Fairness for all is the best path forward. Let’s keep judges judging and leave politics to the politicians.
Charles Boteler is a retired Hopkins Circuit Court judge and chair of the KJCCC. Bill Cunningham is a retired justice of the Kentucky Supreme Court.
