The High Heels of Justice: A Hard Balancing Act for Judicial Candidates
It’s no easy feat to maintain dignity while metaphorically strutting down the boulevard in hot pants and eight-inch heels, yet this is precisely the impossible image demanded of judicial candidates during elections. Running for a judicial seat requires grace under pressure, navigating public scrutiny, and contending with a campaign process that often undermines the very ideals it seeks to uphold.
But can we really expect judicial candidates to maintain such an unrealistic standard when they’re thrust into the murky world of political campaigns?
Mark Davis: When Degrees Become a Battleground
In Ohio, judicial hopeful Mark Davis learned firsthand the perils of campaigning in this paradoxical system. Davis received a public reprimand for “falsely stating his academic credentials” during his campaign. His offense? Presenting his undergraduate majors and minors, as well as a certificate earned in law school, as if they were additional degrees.
The Ohio State Bar was unimpressed:
“The designation of major or minor courses of study and a certificate at institutions of higher education as separate degrees is not an accurate representation of the actual degrees awarded.”
Davis argued that he was merely trying to communicate his academic accomplishments in a concise way that voters could easily understand. After all, how many voters would sit through a lengthy and nuanced explanation of educational distinctions? Yet, in his attempt to simplify, Davis fell afoul of ethical standards, leaving him caught between legal precision and practical communication.
This case highlights a core dilemma for judicial candidates: How do they remain transparent and ethical while translating complex realities into messages voters can digest?
Shari Michels: Tripping Over Ethical Boundaries in Manhattan
Meanwhile, in Manhattan, Shari Michels faced a similar challenge. Running for civil court judge, Michels received an admonition from the Commission on Judicial Conduct. Her campaign literature was said to be misleading because it featured her photograph alongside another candidate, Rita Mella, and included the phrase “Endorsed by the New York Times” in a way that could be “construed” to suggest Michels herself was endorsed.
However, the palm card in question was produced by the political clubs endorsing both Michels and Mella. Even the hearing examiner concluded there was nothing misleading about it, yet the majority disagreed. The dissent referenced the Supreme Court’s 2002 ruling in Republican Party of Minnesota v. White, which upheld the First Amendment rights of judicial candidates.
The dissent argued:
“Judicial campaigns are inherently political. If we require candidates to participate in this system, we must also grant them the latitude to communicate effectively within it.”
In short, Michels was reprimanded for participating in a campaign system that demanded her to walk the political tightrope while somehow never losing her balance.
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The Catch-22 of Judicial Elections
Both Davis and Michels fell victim to a Catch-22. Judicial candidates are expected to campaign like politicians—schmoozing, handshaking, and condensing their careers into catchy soundbites—while simultaneously maintaining a level of decorum and impartiality that leaves no room for political tactics.
As the dissent in Michels’ case noted:
“It ain’t pretty, and we should not pretend that it is.”
This blunt statement encapsulates the absurdity of judicial elections. The system demands that judicial candidates engage in democratic campaigning but punishes them for doing so in ways that even hint at political maneuvering.
The Supreme Court’s Take: Free Speech vs. Judicial Integrity
In Republican Party of Minnesota v. White, the Supreme Court ruled that restricting judicial candidates from discussing controversial issues violated their First Amendment rights. The decision recognized the inherent tension in forcing judges into elections while simultaneously expecting them to remain above politics.
If judicial elections are meant to harness “the legitimizing power of the democratic process,” as the Court put it, then judicial candidates deserve the same freedom of expression as any other political figure. Yet state commissions often seem unwilling to reconcile these competing values.
A Broken System in Desperate Need of Reform
It’s easy to criticize judicial candidates for missteps. But perhaps the real problem lies not with the candidates but with the system itself. The current model asks them to perform an impossible balancing act:
- Engage voters effectively without appearing political.
- Campaign on party lines without endorsing partisan ideologies.
- Promote their qualifications without oversimplifying or exaggerating.
This contradictory system inevitably leads to conflicts, reprimands, and accusations of misconduct. As the dissent warned, it’s unfair to hold judicial candidates to unrealistic standards while denying them the tools necessary to succeed in elections.
Beauty Pageant or Democratic Process?
Judicial elections often resemble beauty contests or party-line votes more than thoughtful assessments of a candidate’s qualifications. Few voters have the time—or interest—to evaluate a judicial candidate’s legal acumen. Instead, decisions are based on name recognition, political affiliation, or the design of campaign palm cards.
This farcical process undermines the dignity of the judiciary and leaves candidates with few options other than pandering to voters in ways that may run afoul of ethical codes.
Time for a Change?
If we truly value judicial integrity, perhaps it’s time to consider abandoning elections altogether in favor of an appointment system. Until then, we must recognize the inherent contradictions in forcing judges to campaign. As long as judicial candidates are required to run, they deserve fair leeway to engage voters without being penalized for minor infractions.
As the dissent aptly stated:
“There’s no dignity involved in running for judicial office. Either accept this and give candidates reasonable latitude or abandon the system that demands it.”
The Bottom Line: Don’t Blame the Candidates
The reality is that judicial elections demand impossible feats from judicial candidates. Expecting them to run political campaigns without employing political tactics is hypocritical. Until the system changes, we must offer them the benefit of the doubt when ethical gray areas arise.
Asking judges to campaign while maintaining an image of perfect impartiality is like asking them to walk the boulevard in stilettos and never wobble. It’s not just absurd—it’s unfair.
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