Law Prof: Negative Judicial Ads Undermining Public Trust

In the wake of Citizens United, there has been a huge influx of cash from outside groups for political ads, including for contested judicial elections. In state supreme court races in Illinois, Michigan, Montana, North Carolina and Ohio, nearly $2.1 million has been spent on TV ads, many of which accuse sitting judges of being in the pockets of special interests, or of going easy on heinous criminals. The nasty ads can have a real impact on public perception: A 2010 Harris poll found that 70 percent of respondents thought campaign contributions influence courtroom decisions. “[N]ow, it’s all Law and Order, and all the time,” Richard L. Hasen, professor of law and political science at the U.C. Irvine School of Law co-wrote with Slate’s Dahlia Lithwick. “The ads are scarier than the shows they interrupt.”