Part of the American Bar Association’s Rule of Law in America Series, the June 18 panel discussion centered on the need to modernize judicial ethical standards for modern elections.
The Hon. Cheri Beasley, former Chief Justice of the North Carolina Supreme Court and Justice Sandra Day O’Connor Professor at Elon University School of Law, was a featured panelist in a national conversation on judicial ethics hosted by the American Bar Association.
Part of the ABA’s Rule of Law in America Series, the June 18 program explored how judicial elections intersect with ethics, campaign finance, free speech and the public’s need to be informed about candidates. Beasley was joined by the Hon. Maureen O’Connor, Chief Justice of the Ohio Supreme Court; Charles G. Geyh, of the Maurer School of Law; and prominent government ethics and political law attorneys Jason Douglas Kaune and Caleb Burns. The discussion was moderated by the Hon. Mark Martin, former Chief Justice of North Carolina.
With more than 30 states electing judges at some level, Beasley emphasized the need for updated ethical standards that reflect the realities of modern campaigning — including the growing role of outside spending and the tension between judicial impartiality and political fundraising.
“These races are incredibly expensive,” said Beasley, who raised $2.5 million for her 2020 campaign for chief justice, and pointed to extraordinary campaign fundraising in recent races in Wisconsin and Illinois.
“To think about judges — who are really supposed to be fair and impartial — being tasked with raising large amounts of money” poses ethical questions, “and also affects who is able to serve in these offices,” she said.
Beasley noted that current ABA model rules focus heavily on limiting judicial candidates’ speech but often ignore constitutionally protected speech or the public’s right to be informed. She also raised concerns about threats to judicial candidates, including doxxing and harassment, which she experienced during her tenure.
“There’s a host of issues that deserve thoughtful discussion by the ABA,” she said. “The ultimate questions is: How do the ABA model rules respond to the changing times?”