Judicial Campaign Contributions Revive Need for Recusal Standards

The sole asbestos judge in Madison County, IL was dropped from several asbestos cases after receiving over $30,000 in campaign contributions from asbestos plaintiffs’ law firms, reports the Belleville News Democrat. Just days before contributing to Judge Crowder’s campaign for re-election, the three firms had been assigned to her docket.

Upon learning of the contributions, Chief Judge Ann Callis transferred the cases to another judge’s docket.

As the Belleville News Democrat explains:

The Illinois Judicial Conduct Code does not explicitly prohibit judges’ campaign committees from accepting contributions from legal firms. The code does state, however, that judges should conduct themselves ‘in a manner that promotes public confidence in the integrity and impartiality of the judiciary.’

Chicago Appleseed, which is affiliated with two judicial evaluation organizations–Judicial Performance Commission and the Chicago Council of Lawyers–advocates for similar recusal standards for Illinois judges.

We also support an easily searchable public database of donors to judicial campaigns to facilitate recusal or disqualification of judges where appropriate.

New York recently implemented new recusal standards, issued by its Administrative Board of Courts. The new rule prohibits prohibit judges from hearing cases where any one of the lawyers or parties on either side has contributed $2,500 or more to that judge’s election campaign. (The case will be transferred if a lawyer’s firm has contributed $3,500 or more.)

Just one month ago, in another case where a justice had received campaign contributions from a litigant in the case, we filed an amicus brief with the Illinois Supreme Court, drafted by pro bono attorneys from Chicago-based firm DLA Piper.

As we explained in an earlier post, “In the amicus brief, which was accepted by the Court, we reiterate the position that Illinois’ standards and procedures of recusal should be improved consistent with two principles: reasoned, transparent review of recusal decisions by neutral judges and consideration of recusal on account of judicial campaign spending by litigants or their attorneys.  Illinois should adopt the evolving best practices of judicial recusal like other states across the country in order to ensure public confidence in the judiciary.”

An independent judiciary underpins a just society, as well as public confidence in that society. Recusal standards are a proven way to improve both.