UK law professor William Fortune serves on the Judicial Conduct Committee.
Anyone running for judge in Kentucky is probably just as confused as voters are about the dos and don'ts of campaigning this election season.
At least one judicial candidate has challenged the ethics guidelines used in previous campaigns saying they stifle his freedom of speech and right to express his opinion on political issues.
In the breach a citizen's advisory committee has emerged to educate both voters and candidates about the differences between judicial elections and "other" elections.
It should not be politics as usual when it comes to choosing judges, says a member of that committee, William Fortune, a University of Kentucky law professor who spoke at the first LWV meeting of the year on the topic, "You be the judge: How to vote smart in the 2006 Judicial Election."
"An independent judiciary requires open-mindedness," Fortune said. His committee advises judicial candidates not to respond to questionnaires from interest groups seeking their views on issues since their responses might be interpreted as the way they would rule should a case involving that issue come before them.
Voters should not criticize candidates for refusing to answer such opinion questionnaires, he also advised.
Since judges are also supposed to be fair to all and show no political partisanship, candidates should also be careful not to represent political parties, their platforms or their leaders or actively engage in party politics, Fortune said.
Most people agree with the philosophy of the Kentucky Judicial Campaign conduct Committee: "Judges are accountable to the law and the constitution, not to politicians and interest groups."
Fortune and his committee met with judicial candidates in August and September around the state to urge them to abide by a campaign guidelines that would ensure the election of fair, impartial and independent judges.
One concern is that a sitting judge's complete record be examined rather than one or two cases that might be seized upon by an opponent and portrayed negatively. Fortune said, "As judges get near an election, they may become risk-adverse and be less likely to probate a sentence," a factor that challenges due process for all citizens.
Monitoring advertising to detect and deter improper campaigning and investigating complaints about unfair campaign tactics are two of the committee's tasks.
The committee accepts complaints from citizens and candidates who feel a campaign has violated these guidelines. Fortune said the committee will meet Sept. 23 in Louisville to discuss two campaign complaints Sept. 23.
Since the committee has no official capacity, it plans to rely on public statements denouncing candidates and campaigns that are unfair and undignified.
Fortune's presentation in the Berea Police and Municipal Building was recorded on videotape and included league members, citizens and several judges.
For more information:
Kentucky Judicial Campaign Conduct Committee
E-mail: kjccc@loubar.org
Phone: 502 583-5314
