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Forum Briefing Book A FORUM ON JUDICIAL SELECTION: A TIME FOR ACTION November 19-20, 2009 Ohio Judicial Center 65 S. Front Street Columbus, Ohio 43215 Center of Science and Industry 333 W. Broad Street Columbus, Ohio 43215 Conveners: Chief Justice Thomas J. Moyer League of Women Voters of Ohio Education Fund Ohio State Bar Association BRIEFING BOOK Table of Contents I. AN INTRODUCTION A. A letter from the conveners B. Justice Sandra Day O’Connor on Judicial Selection C. Tentative Agenda D. List of participants/observers (invitees) II. THE LANDSCAPE A. What People Think a. Summaries of polling results B. How much money is spent in Ohio/other top states on Supreme Court Races a. Selected state reports b. The New Politics of Judicial Elections in the Great Lakes States (Justice at Stake) C. How are Supreme Court justices chosen a. A state-by-state summary III. THE OPTIONS A. Appointive/Retention Election 1. Model Judicial Selection Provisions 2. Judicial Nominating Commissions 3. Judicial Performance Evaluations B. Modifications to Current Structure 1. Public Financing a. The North Carolina Experience i. Public Campaign Financing: North Carolina Judiciary – balancing the sales (Center for Governmental Studies) ii. Judicial Campaigns & Elections: North Carolina (AJS) b. Public Financing of Judicial Campaigns: Report of the Commission on Public Financing of Judicial Campaigns (ABA) 2. Judicial Qualification Commissions & Judicial Nominating Commissions a. Standards to serve as judge With special appreciation to the American Judicature Society, the American Bar Association, Center for Governmental Studies, U.S. Chamber Institute for Legal Reform, Justice at Stake, and others for providing essential materials for this briefing document. Dear forum attendee: How should Ohio select justices for its Supreme Court? Is the current system the best, or are there alternatives that might better serve the administration of justice? These and other important issues are the focus of “A Forum on Judicial Selection: A Time for Action,” co-sponsored by Chief Justice Thomas J. Moyer, the League of Women Voters of Ohio Education Fund, and the Ohio State Bar Association. The forum is made possible by a grant from the Joyce Foundation. We are honored to welcome former U.S. Supreme Court Justice Sandra Day O’Connor to headline the forum. Justice O’Connor has committed herself to the cause of judicial reform and has spent considerable time leading forums like this across the country because she recognizes, as do the conveners of this forum, that the time has come to do something to address the widespread public perception that campaign contributions influence judicial decision making. Our goal is to determine whether to pursue a new selection method for Supreme Court justices and to explore the various reforms that other states have implemented. If the public believes that judges are not fair and impartial, then the integrity of the third branch is compromised, and this undermines the strength of our entire democratic system. This briefing book is designed to provide background material to help prepare you to participate in the forum. The front material contains information about the forum, including the agenda, information about the conveners, and a list of invited participants and observers. The section entitled “Landscape” offers detailed information and citations to resources about polling on the question of the public’s view on the influence of money on judicial decision-making, an examination of how judicial campaigns are conducted, and how justices are selected in other states. The “Options” section explores specific reform measures, how they have been pursued in other states, and their effects. For more detailed information and resources on these and other related topics, we invite you to visit the forum Web site: www.judicialselection.net. Thank you for your interest in this important cause and your participation in this forum. Sincerely, Chief Justice Thomas J. Moyer League of Women Voters President Meg Flack OSBA President Barbara Howard 1 Justice O’Connor to Keynote and Facilitate Ohio Forum on Judicial Selection Retired United States Supreme Court Justice Sandra Day O’Connor will join Ohio leaders in “A Forum on Judicial Selection: A Time for Action” to consider alternative forms of judicial selection. Justice O’Connor believes that threats to judicial independence are rising exponentially as more and more money pours into judicial races around the country. “It’s the flood of money coming into our courtrooms,” O’Connor said. “Multimillion-dollar judicial campaigns make it difficult to know whether a judge is deciding a case based on the merits or on concerns about re-election,” she said. According to Justice O’Connor, “If we lose appreciation for our government’s structure and the role of the judiciary within it, it is only a matter of time before the judicial branch becomes just another political arm of the government.” Justice O’Connor puts forth a three-point plan to fix the problem: • Replace the partisan election of its judges with a merit-selection system, or at least with a nonpartisan system in which the candidates do not affiliate with political parties. • Set up campaign-conduct committees to educate voters and the media about the criteria people should use to select judges. These committees can also publicize accurate information about the sources of big contributions, providing the kind of transparency that allows voters to decide whether a judicial candidate’s impartiality may be compromised by contributors. • Distribute voter education pamphlets to provide accurate and unbiased information about the qualifications of a judicial candidate. Voter education guides can provide information about relevant qualifications that are often left out of campaign ads and media coverage. These and other proposals will be the focus of “A Forum on Judicial Selection: A Time for Action.” The anticipated outcome of the day-and-a -half forum is developing a consensus about how best to approach changes to judicial selection in Ohio. 2 Agenda Thursday, November 19, 2009 [event at Ohio Judicial Center] 2:00 p.m. – 2:45 p.m. Registration 2:45 p.m. – 3p.m. Opening Remarks by Chief Justice Moyer 3 p.m. – 5:30 p.m. Plenary Session Moderator: Yvette McGee Brown Introduction of panel by Meg Flack, President, League of Women Voters of Ohio and Barbara Howard, President, Ohio State Bar Association Panel discussion and overview of current situation, other states selection methods, public financing, and options for Ohio. Panel: Bert Brandenburg (Justice at Stake) Seth Anderson (American Judicature Society) Christopher Heagarty (North Carolina) Judge Wanda Bryant (North Carolina) Judge Ruth McGregor (Arizona) Daryl Yost (Indiana) 5:30 p.m. – 6:30 p.m. Reception [Ohio Judicial Center Library] Friday, November 20, 2009 [event at COSI] 8:00 a.m. – 8:30 a.m. Registration and Continental Breakfast [Gallery III] 8:30 a.m. – 9:00 a.m. Welcome by Conveners [Galaxy Theater] Remarks by Honorable Ted Strickland, Governor 9:00 a.m. – 9:20 a.m. Plenary Session [Galaxy Theater] 3 9:30 a.m. – 10:30 a.m Working Session [Gallery II] Moderator: Nancy Rogers Group will discuss various options for selecting Supreme Court Justices. 10:30 a.m. – 11:45 a.m. Break-out Groups [Gallery II] Several small groups will convene to have facilitated discussion of best aspects of various options for selecting Supreme Court Justices. 12 p.m. – 1 p.m. Lunch [City View room] Remarks by Honorable Armond Budish, Speaker, Ohio House of Representatives Remarks by Honorable Tom Niehaus, President Pro Tempore, Ohio Senate 1:30 p.m. – 3:30 p.m. Plenary Session [Gallery II] Full group will reconvene to discuss break-out session results 3:30 p.m. – 4 p.m. Closing [Gallery II] 4 LIST OF INVITEES The following individuals have confirmed their attendance at the Forum Governor Ted Strickland Honorable Evelyn Lundberg Stratton Honorable Robert Cupp Honorable Paul Pfeifer Honorable Maureen O’Connor Attorney General Richard Cordray President Bill Harris, Ohio Senate Speaker Armond Budish, Ohio House of Representatives Representative Bill Batchelder, Ohio House of Representatives Senator Tom Niehaus, Ohio Senate Representative Mark Okey Senator Eric Kearney, Ohio Senate Senator Bill Seitz, Ohio Senate Senator Tim Grendell, Ohio Senate Honorable Peggy Bryant John Gotherman, Ohio Municipal League Kevin DeWine, Chairman, Ohio Republican Party Frank Deaner, Ohio Newspaper Association Judge Sheila Farmer Andrew Doehrel, Ohio Chamber of Commerce Jack Fisher, Ohio Farm Bureau Meg Flack, Ohio League of Women Voters George Lawrence Forbes, NAACP Connie Wehrkamp, NFIB Lisa House, President, Ohio Women Lawyers Bar Association Barbara Howard, President, Ohio State Bar Association Les Jacobs, Thompson Hine LLP Tawana Lynn Keels, Ohio School Boards Association James Lowe, American Board of Trial Advocates, Ohio Chapter Gretchen Koehler Mote, Ohio Association of Civil Trial Attorneys Kent Markus, Chief Legal Counsel, Office of Governor Strickland Marc Merklin, Metropolitan Bar Association Consortium David Owsiany, Ohio Dental Association Thomas Cochrane, OCSEA Amy Mignongna, Ohio Society of CPAs 5 Marin Frantz, Ohio Prosecuting Attorneys Association Anthony Sharett, John Mercer Langston Bar Association Andrew Stevenson, Ohio Association of Criminal Defense Lawyers Richard Stoff, Ohio Business Roundtable Darold Johnson, Ohio Federation of Teachers Dr. Roy Thomas, Ohio State Medical Association Michael Thompson, Thurgood Marshall Society Organizations
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