Posted by
jefferson on Saturday, July 29, 2006 5:57:27 PM

In
Kentucky this year 263 out of 265 judicial positions are up for
election, including 5 of 7 spots on the Kentucky Supreme Court. That
makes this year a very important election year and one in which,
perhaps more than ever, citizens need to make an effort to educate
themselves on their judicial candidates. This is often a difficult task
because there is little information on many of the candidates in
mainstream print and there is not usually a great deal of name
recognition. However, a little research effort will go a long way in
making Kentucky better.
The truth is, liberals already know
this. A concerted grassroots effort made by either side over the next
few months could potentially change Kentucky forever. Kentucky Supreme
Court Justices serve 8 year terms, and incumbents generally enjoy an
advantage over opponents. Rich liberals have already begun pouring
money into the campaigns of candidates who they hope will become
activist judges. A simple search of the Kentucky Registry of Election
Finance's online searchable database
FOUND HERE will tell you a lot about the type of people who want your candidates to win.
Probably
the most interesting of the judicial races this year is for the 6th
District's Kentucky Supreme Court Justice position. This seat is being
vacated by Justice Wintersheimer, and
Wil Schroder is running against
Marcus Carey.
This is a race in which Wil Schroder is claiming to be a "pro-life" Catholic, yet Marcus Carey received
the endorsement
of the Northern Kentucky Right to Life Association. That is a bit odd,
and already Mr. Schroder reminds me of people like John Forbes Kerry
(D-MA). It is well-known that liberals hide their opinions from the
people in order to mask themselves and get elected before unleashing
their tyrannical liberalism on the people of their states and the
country, and it sounds to me like that is what is happening here. I
would not be surprised at all to hear reports of Mr. Schroder claiming
to be a Republican. This would afford him a wonderful opportunity to
make a grandiose Clintonesque statement such as, "Yes, I did claim to
be a republican and I (finger wagging begins) meant it. I think
everyone involved in representative government is a republican, with a
little "r." I'm being accused of associating myself with a political
party during a judicial election which is strictly forbidden by the
Kentucky Judicial Ethics Code. I never did such a thing."
Of
course, Mr. Schroder would be on to something if he were to bring up
judicial ethics. Currently, Mr. Schroder has an elected official
serving as his campaign chairman. This is a very questionable practice,
and is specifically forbidden in
this 1997 judicial ethics opinion.
Margo Grubbs,
a NoKy gay rights activist, is also on Mr. Schroder's campaign team.
Something tells me that she would probably refuse to serve on the
judicial campaign of a pro-life Catholic because he would probably also
be an anti-gay homophobe bigot racist. Mr. Schroder is beginning to
look more and more liberal to me, and November is looking more and more
like Christmas to Conservatives.
With all of this talk about
Wil Schroder, you may now be wondering about who Marcus Carey is. The
truth is he can't say. He can't say because Kentucky's current judicial
ethics rules forbid free speech by judicial candidates despite the fact
that the United States Supreme Court has already overruled clauses such
as ours in the 2002
Republican Party of Minnesota v. White decision.
Minnesota did, and Kentucky still does, violate the First Amendment by
prohibiting judicial candidates from announcing "his or her views on
disputed legal or political issues." The Court found this to be in
direct violation of the candidate's rights. With that in mind, consider
how Mr. Carey looks to voters when they ask him, "Are you a Republican
or a Democrat?" He can't say and he looks bad. "How do you feel about
abortion?" He can't say and he looks bad. Mr. Carey is following
Kentucky's rules while Mr. Schroder ignores them, and therefore,
following the rules is putting Mr. Carey at a significant disadvantage.
This is why Mr. Carey filed a lawsuit in federal court last
week challenging Kentucky's current judicial ethics rules. Luckily for
him, he has James Bopp arguing the case, who argued and won the R.P.
Minn. v. White case before the U.S. Supreme Court. In
a statement released on June 9th,
Bopp stated, "Despite a federal court decision striking down Canon 5,
the Kentucky Supreme Court continues to advance rules that
unconstitutionally violate judicial candidates' free speech rights.
Voters are being denied an opportunity to make an informed decision,
and judicial candidates, including those running for the Kentucky
Supreme Court, are not able to mount a meaningful campaign for their
candidacies because their free speech rights are so excessively
restricted."
Predictably, Kentucky's major news outlets
derided Mr. Carey and his decision to file suit. An article from The
Courier-Journal's June 12th edition read, "A candidate for the Kentucky
Supreme Court wants a federal court to throw out the state’s judicial
election rules because he says they prohibit him from offering his
views on gay marriage, when life begins and other hot-button topics."
The same article later added, "it would end nonpartisan judicial
elections in Kentucky." The article does not mention the U.S. Supreme
Court's distinction between non-partisan judicial elections and
judicial campaigns.
In response to these attacks on Mr. Carey,
he released a rebuttal which, predictably, was not ran by major news
outlets but will now be published by Blue Grass, Red State, in defense
of free speech. The rebuttal, in its entirety, is found at the end of
this entry.
I do not know a single voter who wants to cast his
or her vote based on lies that they have led to believe are true and
vague doublespeak that is indecipherable. The public has the right to
ask candidates questions, and candidates have the right to answer them.
Of course it would be wrong for them to "pre-judge" cases or promise
decisions in advance, but that is not the issue in this suit or in this
election. Political ignorance runs rampant throughout our country, and
Marcus Carey's lawsuit will go a long way in reducing it in Kentucky.
This suit is why we have courts, and it will be a light in our
darkness.
If you are still curious about the merits of Mr.
Schroder and how they hold up to Mr. Carey's, take a look at who is
giving them money. Mr. Carey has a very diverse donor field. On his
campaign finance report you will find donations from farmers, CEOs,
business people, housewives, a U.S. Senator and some of his staff,
engineers, attorneys, doctors, and so on. Wil Schroder's campaign is
supported almost exclusively by attorneys. That is not a good sign,
especially when you consider the reputations of some Mr. Schroder's
donors.
Stan Chesley, owner of the home pictured above,
donated $1,000 to Mr. Schroder's campaign. Are we to think that people
like Mr. Chesley donate money for the fun of it? Mr. Chesley held
countless Cincinnati fundraisers for President Clinton in the nineties.
President Clinton then appointed Mr. Chesley's wife Susan Dlott to the
bench of the Southern District of Ohio.
Birds of a feather flock together . . .
Mr. Chesley made a lot of his money by suing the Diocese of Covington over the
recent sex-abuse craze
in which Chesley and other attorneys forced the Diocese to sell Camp
Marydale, which had served the community for decades. Of course, he was
also involved in the Fen-Phen lawsuit craze, which ultimately led to
the attorneys making more money than their clients and a Northern
Kentucky judge resigning after being reprimanded for misconduct in the
case.
Judge Bamberger,
essentially, granted the attorneys unusual class-action status and
approved excess fees for the attorneys - one of which was a close
friend of the judge. Mr. Chesley noted that they had made "an amazing
settlement."
The aforementioned close friend of Judge Bamberger,
Mark Modlin, brags that he is very close to Wil Schroder. Mr. Schroder
sent back Mark Modlin's $1,000 donation to hide his association with
him.
Sixteen different attorneys (in fairness, one of whom is
likely related to Mr. Schroder) from liberal law firm Lerach Coughlin
Stoia Geller Rudman & Robbins LLP have contributed a total of
$9,720 to Wil Schroder's campaign. That is about 12% of Schroder's
total funds (without accounting for expenditures) and a definite sign
that Mr. Schroder stands ready to be influenced by people who do not
share in valuing the ideals of Kentucky's average citizens. These
attorneys are a bunch of rich liberals who don't live anywhere near
Kentucky and usually consider us "flyover country." They think we are
idiots and do not really care what we think. They think we are a
problem that needs to be solved - so they do what liberals always do
whenever they think there is a problem that needs to be solved - they
start mailing checks out to people.
Bill Lerach himself was a
major left coast Clinton supporter and his legal action has resulted
"in recoveries of billions of dollars."
$1,000 Lerach Coughlin contributor Eric Isaacson is a
certified war protestor.
Isaacson states in his memoirs of the occasion in which he was
arrested, "On that day, I had picked up a flag and joined an antiwar
demonstration as it passed by my law offices in downtown San Diego. The
demonstration was a noisy but peaceful one." According to Isaacson,
during the peaceful protest, "the police suddenly - - and without
provocation - - descended upon us and attacked the demonstrators with
billy clubs." Sure. Regardless, I do not believe that Kentucky citizens
want to elect a Supreme Court Justice who could be influenced by this
guy. Isaacson is also President of the
San Diego Foundation for Change,
which supports numerous radical leftist organizations and events of all
types, including the Bisexual Forum, the Project on Youth and
Non-military Opportunities, and V.A.G.I.N.A., which "wants to create
visibility for the San Diego dyke community."
Another contributor to Wil Schroder's campaign is George Barrett, the ACLU lawyer and senior partner of
Barrett, Johnston, & Parsley. Mr. Barrett is
currently fighting
to permanently remove the Ten Commandments from the Rutherford County,
TN courthouse. In 2003, Mr. Barrett began fighting for the ACLU and
"reproductive rights" in a suit that would force Tennessee to stop
distributing "Choose Life" license plates.
The writing is on
the wall, people. Wil Schroder is a liberal and he takes money from
liberals. Money, power, and sex are the most important things to these
people and they will do anything to further perversify this country's
traditional views of those topics by way of judicial activism.
DO
NOT LET THEM!! Educate yourselves on your judicial candidates and vote
for the right person. As soon as Marcus Carey's suit is ruled
favorably, he will be able to draw the distinctions between himself and
his opponent. However, the circumstances surrounding this race which I
have just laid out are likely not unique in Kentucky this year. I
encourage all Kentuckians to investigate their dstricts' candidates and
share the news with your fellow voters.
Remember, Kentucky
Supreme Court Justices serve for 8 years. That is a long time to be
stuck with a judicial activist. Sensible judges in the lower courts
will increase judicial efficiency. Ultimately, the coming months could
be a continuance of a dark age or the beginning of a new era in
Kentucky characterized by unforeseen political knowledge and
involvement. We have to be just as relentless in our causes and beliefs
as the ACLU is in their attacks.
Carey rebuttal:
After reading recent editorials rebuking the First Amendment suit filed in Frankfort
seeking to clarify Kentucky’s rules of judicial campaign conduct, it is obviously
necessary to explain the true significance and reason for this important litigation.
Because these editorials are erroneous on some points and extremely misleading on
others, it would be a grossly unfair to the readers if these opinions were permitted to stand without rebuttal.
First,
the suit does not seek to inject “hot button” issues into judicial
races. Kentucky voters, every day, are asking judicial candidates
questions regarding their beliefs and values. Unfortunately there is
swirling doubt about what the law will allow judicial candidates to
say. This suit seeks to clarify that issue for the benefit of all
candidates and the public.
Second, many candidates have carefully restricted their conduct so as to comply with
Kentucky’s pronouncements. Conscientious candidates have sought ethics opinions and
politely
refused to answer voters’ questions as directed by those ethics
opinions. Voters however consistently recoil at a candidate’s refusal
to answer questions, regardless how polite the refusal.
While some candidates refuse to answer voter’s questions other candidates, apparently
relying upon recent cases decided by United States Supreme Court have openly
announced
their party affiliation and stated their views on a variety of other
topics. The American notion of justice tells us that there is something
inherently wrong that needs to be fixed in an election process where
playing by the rules is a disadvantage.
Third, it is not the
goal of the suit to “disintegrate” the public’s faith in the judiciary,
but rather to encourage the public to become more fully engaged the
selection process. The suit seeks to remove unconstitutional barriers
that have for too long prevented valuable information from reaching
voters. Such barriers have been labeled “incumbent protection
policies,” and stricken down as unconstitutional.
Fourth, this
suit does not seek permission for any candidate to “prejudge” cases.
The suit does however seek permission for the public to prejudge would
be judges. The suit very clearly empowers those whom our founding
fathers intended to be the best judge of their own future, the public.
And this suit reaffirms our faith that the public will not only make
wise choices about the values of candidates for judicial office but
also about his/her ability to remain independent and impartial from the
influences of special interests. Keeping the public in the dark is not
consistent with the American election process. And despite recently
developed local traditions, the Supreme Court of the United States
agrees.
The goals of this suit seek to promote the highest
duties of a Supreme Court Justice –a constitutionalist who trusts the
public to decide matters for themselves and commits to apply the law as
the people have written it. It would seem that for a candidate to this
high office to sponsor, advocate for, or abide by anything less would
be a violation of the candidate’s solemn oath as an office of the
court, to be faithful and true to the Constitution. There is no room in
a nation ruled by law to discourage liberty for the sake of preserving
unlawful traditions.
This suit will clarify and establish the
rules all candidates will have to live by. And regardless which side
prevails, and in contrast to other nations in the world, the very fact
that this suit has been brought will reaffirm our faith in our ability
to resolve disputes through the peaceful and orderly application of law
and through our American system of civil Justice.