Ex-justice urges judges not to take the money if they run

Sandra Day O'Connor stresses the importance of a judiciary not shaped by donors with deep pockets.

By ROCHELLE OLSON, Star Tribune

Last update: May 2, 2008 - 9:41 PM

Judicial independence is the crown jewel of democracy, but easier to damage or destroy than most can imagine, retired U.S. Supreme Court Justice Sandra Day O'Connor said at a luncheon Friday at the University of Minnesota's Humphrey Institute of Public Affairs.

The topic of her speech: the destructive influence of money in judicial elections.

She decried an influx of special-interest money across the country, including in Wisconsin. The "appearance of outside influence on judges has to be avoided," she said. "Judges should not be competing against each other based on the popularity of their decisions."

The lunch was sponsored by Minnesotans for Impartial Courts, the League of Women Voters and the Center for the Study of Politics and Governance at the institute. The courts group emerged after a 2005 U.S. Supreme Court ruling scrapped Minnesota rules barring judicial candidates from voicing views on political or legal matters. The ruling allows party endorsements and discussions of candidates' thoughts on potential court matters, such as abortion.

"Judges are not ordinary politicians. Their job is not to interpret the will of the people," she said.

Since her retirement in 2006, O'Connor has advocated an independent judiciary and against campaigns in which "interest groups choose a sympathetic candidate and bankroll the campaign."

Her audience included all the state Supreme Court justices as well as former Gov. Al Quie, former Secretary of State Joan Grow, former First Lady Jane Freeman, current First Lady Mary Pawlenty and former and current Senate majority leaders Roger Moe and Larry Pogemiller.

O'Connor was the first woman appointed to the court in 1981. In formal photographs, she often wore a frilly neck scarf, giving her a staid appearance. In person, her voice has a gentle western twang and she projects down-home warmth.

One of the handful of questions she received was how her upbringing on an Arizona ranch influenced her as a jurist. "On a ranch, it doesn't matter your color or gender, but there's a certain amount of work to be done," she said. If the work is done well, you will not be complimented. If it is done poorly, you will hear about it, she said.

Often, a solution to a problem on a ranch isn't elegant but serviceable. She compared that to her court writings, saying "maybe some of the things I said weren't beautiful," but she said she hoped the principles were sturdy.

Also in the audience were members of the Impartial Courts group, which proposed that judges initially be appointed by the governor after a commission nominates candidates. Another commission would evaluate judicial performance. Voters would decide whether to retain judges. A rejected judge would be replaced by a gubernatorial appointee.

Proponents of the plan say it would allow Minnesota to avoid multimillion dollar judicial campaigns financed by special interests. Although legislation was introduced to make the changes, it hasn't gained traction in the 2008 legislative session.

Rochelle Olson • 612-673-1747

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