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OPINION

Editorial: Let the willing pay

Tuesday, August 18, 2009
(Updated 3:00 am)

 

The state can't force lawyers to pay for judicial campaigns, a Wake County judge ruled last week.

That should get other professions off the hook if the state tries to expand public campaign funding.

In a decision worthy of Solomon, Superior Court Judge Howard Manning found a way to protect attorneys' constitutional rights without overturning the state's Public Campaign Fund. Nevertheless, if his ruling stands, the state may be hard-pressed to keep enough money in those coffers.

The judge was sorting out a complaint filed by a group of public defenders in Mecklenburg County. They protested a law that requires the State Bar to collect a $50 annual surcharge to their licensing fees, with the money going to the Public Campaign Fund. That fund pays for publicly financed campaigns for statewide judicial candidates and for a voters' guide published by the State Board of Elections and mailed to all registered voters.

The plaintiffs argued it violates their First Amendment rights to compel them to provide financial support to candidates without their consent. Manning agreed. Rather than overturn the law, however, he offered this remedy:

"The plaintiffs, and those other lawyers who are chafing under the collar because some of their $50 may go to an appellate judicial candidate they despise or disagree with, should simply be permitted to designate that their $50 go into the pot for the very constitutional and very legitimate Voters Guide ... ." He ordered the State Bar to implement his solution.

That's fair for the lawyers, but it potentially bleeds the fund of money to pay for an expanding program of public campaign financing. It barely pays enough now for participating Supreme Court and Court of Appeals candidates to run an effective statewide campaign. Last year, the state added public funding for candidates for state superintendent, auditor and insurance commissioner.

If lawyers could be taxed to pay for judicial campaigns, it was probably a matter of time before teachers would be assessed a fee to pay for superintendent campaigns, accountants for auditor races and insurance agents for insurance commissioner contests. When the agriculture commissioner is added, farmers might be taxed. And so on.

But Manning's ruling, unless reversed on appeal, knocks those options off the table. And it should. No one should be required to contribute to a political campaign that may represent values and beliefs he abhors or simply has no interest in supporting.

The public campaign finance debate has moved down to the local level, with some in Greensboro pushing for a similar system to fund municipal campaigns.

Manning's decision should encourage them to couple their proposals with plans to obtain voluntary funding rather than rely on fees or taxes.

Not only lawyers will chafe under the collar if they're forced to pay for campaigns they don't like. Local taxpayers might, too.

Comments

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Panacea

August 18, 2009 - 6:13 pm EDT

We need public financing to take the corruption out of politics. A general tax to support all political campaigns would be fair and across the board rather than doing it profession by profession.

As for judges: make them appointed, not elected and you fix that problem right then and there. Politics should not be part of the judicial process. Appointments have their problems, but at least once they are in office they can rule without worrying about re-election and subjecting themselves to the corruption of political donations.

rmacz

August 18, 2009 - 9:18 pm EDT

There will always be problems with the system as in the recent appointment of Sotomayer with her bias oppinions, overturns, and the list goes on and on, because there were not enough conservatives to overturn her nomination. Another example was the appointment by Hugo Black and his affilation with the KKK, whom was appointed by FDR.
But getting back to the article, we need to take away some benefits for the state's retirement programs. They are non producers. There is money out there without over taxing the public anymore.

DarenBakst

August 19, 2009 - 12:19 pm EDT

This is a very good editorial.

From a legal perspective, courts likely would distinguish between using general taxpayer dollars for compelled political speech and using dollars from a specific fund for compelled political speech (as with the attorneys).

However, the underlying notion that people shouldn't be forced to support political speech applies in both instances. The problem for taxpayer-financing proponents is lawyers didn't support the judicial program, which is why they were forced to pay $50. In addition, few people in the public are willing to designate $3 of their state taxes to the public fund for judicial campaigns.

Only about 7% of state taxpayers do the $3 check-off. There's no need for surveys--this is the best survey we can get when it comes to taxpayer financing of campaigns. About 93% of state taxpayers don't support it.

There's nothing wrong with truly volunteer public financing systems. Unfortunately, in North Carolina, the programs force taxpayers to provide welfare to a bunch of politicians. The systems also are unconstitutional due to the chilling effect these programs have on candidate and citizen speech--it is only a matter of time before they are found unconstitutional in court.

See: http://www.johnlocke.org/spotlights/display_story.html?id=216

Daren Bakst, J.D., LL.M.
Legal and Regulatory Analyst
John Locke Foundation

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