Counting on the Low-Information Voter

The LSE Blog features some interesting new research by University of Texas Professor Brent Boyea on the intersection of partisan elections, campaign contributions, and professionalized courts. Looking at 12 years’ worth of data from state high court elections, Boyea found that campaign contributors are nearly twice as generous, on average, in states with partisan judicial elections than they are in states with nonpartisan judicial elections. He also found that “contributors support candidates more actively in states with professionalized courts where judges have higher salaries, advanced resources, and courts have freedom to decide their agenda.” And contributors are most generous when elections are partisan and courts are professionalized. This suggests, to me at least, that campaign contributors expect to get the most “bang for the buck” in states where a candidate’s election is all but assured on partisan grounds, and the elected judge will later have some freedom to act in a manner consistent with the contributor’s own agenda.

Somewhat related is this story out of Illinois, discussing how attorney Phillip Spiwack legally changed his name to Shannon O’Malley in advance of his campaign for a Cook County judgeship. Spiwack/O’Malley appears to be conceding to a stubborn reality of Chicago judicial elections: having an Irish woman’s name is an extraordinarily valuable commodity at the polls—more valuable, it seems, than professional experience, skill, or judicial temperament.

These items add to a growing body of evidence that in judicial election states, citizens are virtually expected to come to the polls armed with no more information than a candidate’s party affiliation or surname. How this advances the integrity, efficiency, or legitimacy of the judicial system is beyond me.

(Cross-posted at Prawfsblawg.)

Advertisements

Cook County courts ordered to make e-filings immediately available to public

In November, the Courthouse News Service filed a federal lawsuit against the Cook County (Illinois) courts, alleging that the county was posting electronically filed complaints days after receiving them, even though the complaints should have been immediately available to the press as public records.

On Monday, the federal court agreed, issuing a preliminary injunction which gives Circuit Court Clerk Dorothy Brown thirty days to develop a system under which the press can gain immediate access to newly filed cases.

I do not envy Dorothy Brown. Late last month, the Illinois Supreme Court rejected her request for a one-year extension of the deadline to align Cook County’s e-filing system with that of the rest of the state. This new decision only turns up the heat on Cook County to develop a functional e-filing system in very short order.

Cook County e-filing transition on hold for six more months

The Illinois Supreme Court has given the Cook County courts a six-month extension to align their civil e-filing systems with the larger state system. The County sought a one-year extension from the original January 1, 2018 deadline. The Court allowed half that time, and instructed the Cook County Clerk to “commit all necessary resources to meet the extended deadline.”

Chicago judge ordered to retire after letting her clerk take the bench

In a sad and bizarre story, the Illinois Courts Commission ordered Chicago judge Valarie Turner to retire on Friday, after an investigation found that Turner had given her judicial robe to her clerk and allowed the clerk to preside over several traffic court cases in August 2016.

According to the Chicago Sun-Times:

Circuit Judge Valarie E. Turner has been diagnosed with Alzheimer’s disease and is “mentally unable to perform her duties,” according to a complaint filed Thursday by the Illinois Judicial Inquiry Board.

Turner allowed law clerk Rhonda Crawford to take her seat behind the bench and rule on several traffic cases last August after introducing her to a prosecutor as “Judge Crawford,” the board contends.

“We’re going to switch judges,” Turner allegedly said during an afternoon court call, before standing up and giving her judicial robe to Crawford.

It appears that Turner’s current mental condition made her forced retirement a fairly straightforward decision for the Board. But it’s entirely unclear why Crawford would play along with this charade, and she has lost her law license as a result.

 

 

In new lawsuit, court journalists allege that electronic case filing undermines transparency

The Courthouse News Service, a specialty news service focusing on civil cases across the United States, has sued the Cook County (Illinois) Circuit Clerk’s Office. The lawsuit alleges that the Clerk’s office is withholding information on new case filings from the public for days after the cases are filed. In particular, the suit claims that the Clerk’s office is not immediately disclosing some electronically filed complaints, even though those complaints should be public record as soon as they are filed.

The Cook County Record reports:

Under the old method, the lawsuit said, journalists working in the courthouse were able to freely access paper lawsuits as they were filed with the circuit clerk’s office, even before they entered the official intake process, as the courts considered such lawsuits public information from the moment they were dropped off at the clerk’s office, essentially making private disputes the public’s business.

However, as more and more lawsuits have been e-filed, CNS said the clerk’s office has withheld more and more of them, for days or weeks at a time, as they are administratively processed.

“These delays in access … is (sic) the result of the Clerk’s policy and practice of withholding new e-filed complaints from press review until after the performance of administrative processing, including post-filing ‘acceptance’ of the complaint, at which time the Clerk deems the complaint ‘officially filed,’” CNS wrote in its lawsuit. “The Clerk takes this position even though the applicable rules and orders provide that e-filed complaints received before midnight on a court day are ‘deemed filed’ on the date of receipt, even if they are not ‘officially’ accepted as filed until a later date…”

CNS noted this particularly allows plaintiffs’ lawyers to control the initial flow of information about their lawsuits, as they can spoon feed the complaints to news outlets they may consider more friendly or sympathetic, while other competing outlets wait days or weeks for access to the vital public documents associated with the case.

The suit was filed in the United States District Court for the Northern District of Illinois, and names Cook County court clerk Dorothy Brown as a defendant. The case number is 1:17-cv-07933. Ironically, the Courthouse News Service does not seem to have uploaded the complaint to its own news website.

On courtroom cameras, states continue to lead the way

As the United States Supreme Court begins another Term this month, calls for the Court to open its oral arguments to cameras are getting louder. The Court has traditionally brushed off these demands, and there is little reason to believe that it will respond differently this year. But there is yet hope for supporters of court transparency: the state courts continue to lead the way in allowing broadcasts of courtroom proceedings.  Two examples from just this week illustrate the point:

Continue reading “On courtroom cameras, states continue to lead the way”

Six state chief justices join forces to combat opioid epidemic

The Chief Justices of six states — Illinois, Indiana, Kentucky, Michigan, Ohio, and Tennessee — recently signed a charter to support a Regional Opioid Initiative already in place in those states.  The courts’ commitment to the initiative recognizes that the epidemic crosses state borders and is most usefully addressed with a high level of cross-state cooperation.  It also recognizes the key role of state judiciaries in combatting the epidemic.