Political groups inject ideology into judicial races

OLYMPIA – Re-election campaigns for three state Supreme Court justices could be more ideologically charged than in years past, as dueling political action committees enter the fray.

In November, a right-of-center political action committee called Constitutional Law formed to help elect candidates to the state Supreme Court and Court of Appeals. A left-of-center group called FairPAC sprang up in response, registering with the state Public Disclosure Commission last week.

“The days of the quiet campaign are behind us,” said Jesse Rutledge, spokesman for Washington D.C.-based Justice At Stake, a nonpartisan watchdog group. Judicial campaigns around the country “are degenerating into partisan brawls, fundraising contests and efforts to develop the best sound bite,” Rutledge said.

While it’s believed to be a first for the state to have judiciary-specific groups on the scene, Washington already had joined a national trend of big money raised for Supreme Court races. In 2004, it was one of nine states that broke fundraising records.

Fourteen candidates raised nearly $1.4 million that year in Washington state, though the bulk of it was the nearly $700,000 collected by Jim Johnson and Mary Kay Becker. Johnson, who won the seat, accounted for more than $539,000 of the total, making him the first judicial candidate in state history to raise more than half a million dollars.

Special interests had entered judicial races even earlier though, with the Building Industry Association of Washington, which wields hefty political power in Washington, backing Johnson with big money in 2004 and previously, in 2002, when he narrowly lost to Justice Mary Fairhurst. A loose coalition of Indian tribes and environmentalists poured money into last minute TV attack ads against Johnson in that campaign.

Until this year, PACs and other special interests could give unlimited amounts of money to judicial candidates. But under a law passed this year, they’re subject to new limits – $1,400 for the primary and $1,400 for the general election. Individual donors are subject to the same limits.

But Washington’s campaign finance laws still offer a loophole. While direct donations to campaigns are limited, there’s really no limit to independent spending to support or oppose candidates, so long as it isn’t coordinated with the candidate’s campaign. So, the PACs could use the money raised to air attack TV ads or send out mailers to voters.

Up for re-election this year are Chief Justice Gerry Alexander and Justices Susan Owens and Tom Chambers.

Financial reports from the state Public Disclosure Commission aren’t due until next week, but Owens’ campaign reported she has already raised more than $45,000, and Chambers has raised nearly $50,000. Alexander has raised just over $12,000. Their opponents have raised a combined $20,000 so far, according to their campaigns.

The campaign contribution law doesn’t take effect until June 6, though the campaigns of Alexander, Owens, Chambers and Johnson said they have already self-imposed the limits.

Constitutional Law has raised more than $4,600, according to PDC reports, but FairPAC has not yet recorded any contributions.

FairPAC hasn’t yet endorsed any candidates but is expected to endorse the incumbents; the Constitutional Law PAC will back state Sen. Stephen Johnson, R-Kent, against Owens, though the board hasn’t made an official decision, said Alex Hays, the group’s executive director.

Hays said that group likely won’t take a side in the race between Alexander and property-rights attorney John Groen. Groen is expected to receive heavy backing from BIAW.

The homebuilder’s association and its affiliates gave more than $225,000 to Jim Johnson’s campaign in 2004. It’s also expected to back Stephen Johnson, but is not working with the Constitutional Law PAC. BIAW supporters had initially served on the board, but they no longer sit on the board.

Chambers has not yet drawn an opponent, but the filing period ends at the end of July, so more candidates could emerge.

FairPac is still in the process of recruiting its board, but spokeswoman Lisa MacLean said their supporters wanted to ensure that there was a strong group to counter the expected blitz of TV ads, like those that aired during the 2004 Johnson campaign.

FairPAC’s supporters include abortion-rights groups, labor unions and trial lawyers, and Equal Rights Washington, a group formed to support a new gay civil rights law that may be subject to a referendum election this November.

But MacLean said their campaign has no issue-driven agenda other than to prevent what they see as an attack from the right on the judiciary.

“I think it will be a campaign that really focuses on raising the visibility of these elections,” MacLean said. “We want an independent judiciary.”

Former Republican Sen. Slade Gorton is the Constitutional Law PAC’s chairman, and the board includes former King County Prosecutor Chris Bayley, who lost the Republican primary for the U.S. Senate in 1998.

Hays said the group’s main focus is for judges to have a conservative stance on things like property rights and water rights.

“All the various parts of the constitution that liberals like are pretty well protected, but the parts of the constitution that conservatives like have suffered in recent years,” Hays said. “I want to create a balance there. We really want property rights to have the same enthusiasm in the court as free speech does.”

Chambers said he was concerned about the influence of the newly created PACS.

“It seems there are groups that are hell-bent on politicizing judges,” he said. “If that happens we will all regret it.”