State Judicial Independence - A National Concern

7:30 a.m.

Breakfast

8 a.m.

Session 1: One Symptom of a Serious Problem - Caperton v. Massey

Moderator: David Skover, Fredric C. Tausend Professor of Law, Seattle University School of Law

Panel Participants:

• Bert Brandenberg, Executive Director, Justice at Stake Campaign
• Professor Andrew Siegel, Seattle University School of Law
• Kathleen Sullivan, Stanley Morrison Professor of Law and Former Dean, Stanford Law School
• Richard Hasen, William H. Hannon Distinguished Professor of Law Chair, Loyola Law School at Los Angeles

Focus: With Caperton v. Massey, the U.S. Supreme Court explores the conflict between constitutional fairness (due process guarantees) and the reality and appearance of state judicial integrity and evenhandedness. With its striking facts - a corporation's exorbitant financial efforts to secure the election of a state high court judge who would inevitably sit on the appeal of its pending litigation - the Caperton case puts into bold relief a dilemma of national proportions. On the one hand, as long as states continue to elect their judges, campaign contributions remain a necessity; on the other hand, dramatic escalation in judicial campaign spending undermines the safeguards of judicial impartiality necessary to maintain the rule of law. Caperton thus affords an opportunity to consider an important aspect of the question of state court independence - namely, that relating to money and judicial elections. Whatever the limitations of its holding, Caperton supports the view that state judicial impartiality is not the sole province of the state government. Put starkly, "justice for sale" in a state court system is not only a federalism concern, but a federal concern.

10:15 a.m.

Break

10:30 a.m.

Session 2: The Problem of State Judicial Campaign "Arms Races" - What Can Be Done in the State Legislatures and State Courts?

Moderator: Ronald Collins, First Amendment Center Scholar

Panel Participants:

• Chief Justice Shirley Abrahamson, Wisconsin Supreme Court
• Justice Hans Linde (ret), Oregon Supreme Court
• Jamie Pedersen, Washington House of Representatives
• Judge David Schuman, Oregon Court of Appeals
• Charles Wiggins, Wiggins & Masters

Focus: When campaign expenditures - because of their size, timing, and manner of making - threaten the state judiciary's duty to render due process, one of America's most fundamental values is transgressed.

12:15 - 1 p.m.

Lunch
Boxed lunches will be provided in Pigott Atrium for the conference panelists and attendees.

1 p.m.

Speakers
Mary Wechsler, Chair of the Washington Chapter of AJS
Justice Sandra Day O'Connor, U.S. Supreme Court

2 p.m.

Session 3: "Fred Friendly" Panel Discussion on Judicial Selection via a Commission System

Moderator: John McKay, Seattle University School of Law

Panel Participants:

• Justice Sandra Day O'Connor, U.S. Supreme Court
• Chief Justice Gerry Alexander, Washington Supreme Court
• Doug Lawrence, WSBA Task Force Chair
• Justice Hans Linde (ret), Oregon Supreme Court
• Marty Brown, Legislative Director to Washington State Governor Christine Gregoire
• Chief Justice Wallace Jefferson, Texas Supreme Court
• Kate Riley, Seattle Times
• Christian Sinderman, Northwest Passage Consulting

Focus: Panel discussion will focus on questions such as the following:

• What incentives and disincentives are there for shifting from judicial election to a commission system for judicial selection?
• What would a commission selection system look like? How can one insure a diverse and disinterested commission that is unlikely to be captured by special interests?
• What are the legal and political barriers to achieving a commission system?
• Where should Washington State and others go from here?

3:45 p.m.

Break

4 p.m.

Session 4: Town Hall Meeting: Discussion with Audience

Moderator: Ruth Walsh McIntyre, Chair of Walsh Commission

Panel Participants:

• Justice Sandra Day O'Connor, U.S. Supreme Court
• William Andersen, Judson Falknor Professor of Law Emeritus, University of Washington Law School
• Zaida Arguedas, Director of the Global Democracy Program, League of Women Voters
• Judge William Baker (ret), Washington State Court of Appeals
• Professor David Brody, Washington State University
• Lisa Brown, Washington State Senator
• Chief Justice Christine Durham, Supreme Court of Utah
• Chief Justice Wallace Jefferson, Supreme Court of Texas
• Kate Riley, Seattle Times
• Ronald Ward, Jones & Ward

Focus: Using a "Town Hall" format, the panel will engage the audience in an open discussion of the tensions between the accountability and independence values that are raised by electing judges. Questions will be fielded from particular interest groups: legislators, AGs, civic organizations, journalists, law students.

5:30 p.m.

Reception hosted by Washington Chapter of the AJS in Sullivan Hall