Texans for Public Justice, a judicial watchdog group, has just
released a study showing the influence of campaign contributions on
Texas Supreme Court Justices.
TPJ's findings reveal:
1) contributors were four times more likely than non-contributors to
have their petitions for appeal to the court accepted;
2) the more money contributed, the higher the likelihood of an appeal
petition being accepted; so, compared to acceptance rates for
petitions filed by non-contributors:
i) justices were 7.5 times more likely to accept petitions filed by
contributors of at least $100,000;
ii) justices were 10 times more likely to accept petitions filed by
contributors of more than $250,000.
To my mind, part of the explanation for this correlation is that the
bigger contributors are likely to be the large firms staffed by some
of the best lawyers in the state. Presumably, the best lawyers
produce a disproportionate share of the well-argued petitions for
appeal. Consistent with this, the TPJ found that Baker Botts, one of
Texas's most prestigious firms, enjoyed an acceptance rate of 74
percent (and, by the way, contributed over 250,000 to justices'
campaign funds).
Nevertheless, the appearance of corruption stemming from the
correlation between contributions and appeal acceptance rates is
disturbing. Especially when dealing with a branch of government that
ought to be immune from interest group or individual favoritism.
The report is available on the organization's website:
www.tpj.org.
-Adam Winkler
winkler@ucla.edu