Also named as plaintiffs were the Gray Panthers and several attorneys who practice in Texas. Critics complain that allowing judges to solicit campaign contributions from lawyers who may appear before them creates at least the appearance that judges will be biased in a case. The lawsuit asks U.S. District Judge James Nowlin in Austin to rule that such a judicial campaign system violates a citizen's constitutional right to a fair trial. It does not suggest an alternative system. Lower limits apply to judgeships in smaller judicial districts.
Contributors can give to as many candidates as they want.
Texas is one of seven states with partisan judicial elections at the trial, appeals and supreme court levels. According to Public Citizen, Texas is the only state with partisan elections in which judges can solicit contributions from lawyers and clients who may have a case before them. Texas judges are not required to step aside from cases that involve contributors to their campaign. Critics say that makes it appear attorneys and others can buy the courts. Judges cannot appear impartial when they receive campaign contributions from the parties before them.