"Hot dogs, apple pie and elections (non-partisan ) for NJ judges and Attorney General & Prosecutors" FairTrialNJ

Model for Elections

1. New Jersey Election Fund: A fund, to be administered by the Superior Court shall be established at least 9 months prior to the first non-partisan elections. Users of the courts shall provide the funding thru a $10 additional cost for appeals and motions thereto. Newly filed trial court cases and motions shall add a $7 and $2 additional cost thereto, respectively and municipal court cases a $1 additional court cost unless dismissed or found not guilty. (60% conviction assumed) Based on 2015/2016 court statistics, this amounts to $12.7M if all these measures are required and undertaken. As calculated below, this provides ample funding for this election model, especially since regular elections are not held annually. This shall be adjusted based on projected need or excess returned into the General Treasury as agreed to by the Administrative Office of the Courts.

2. Judicial, Attorney General and County Prosecutor candidates selection: candidates shall meet the same minimum qualifications for merit and character as established and currently used by the NJ Bar Association and Senate Judiciary Committee, which shall be made public. However, candidates need not be selected by or endorsed by these groups to be eligible. Candidates must commit to 3 public debates and up to 4 mailings combining all candidates together thereto, and to publicly divulge their year and place of birth and all professional affiliations so to enable the public to check for possible conflicts while serving.

3. Six months before the election or such other reasonable time as may be necessary: all such candidates shall notify the NJ Senate Judiciary Committee or other qualified select committee, in writing, of their minimum qualifications, agreement to the campaign terms and intention to run in the election. The committee together with State Police shall run a background check and confirm within 30 days any candidate as eligible unless it finds cause otherwise including examining any biographical claims of fact the candidate intends to use in its forthcoming campaign and mailings..Any false facts so documented shall immediately disqualify a candidate. Honest candidates are sought. A copy of each list pf confirmed facts shall be given to all candidates to check other candidates claims during the campaign.

4. Five Months before the election: the confirmed candidates shall register their campaign as appropriate and may setup their own website at personal expense, which may provide for collection of donations, such expense and other expenses such as printing of cards and flyers, Ads, and travel expenses to be reimbursed from web donations, appearances and other donations obtained during the campaign. Public fund raising shall be of individuals only, such amount not to exceed $100 per individual, and shall be recorded and preserved. Only NJ residents may contribute. The primary intent of this initial campaign is to demonstrate the candidate possesses necessary organizational skills and is receptive to the public rather than amassing the most money since funds will be provided from the NJ Election Fund in the next/final stage. County trial judges and prosecutors shall meet a $50,000 target, Supreme Court and Appellate judges and Attorney General candidates shall meet a $100,000 target. Cost of living increases shall apply.

5. Candidates shall at all times limit their campaigning to relating their education and experience and how this will enable them to uniformly apply and enforce the laws and US and NJ Constitutions better than their adversaries and for all litigants. Law firms, bar associations and other third parties are prohibited from taking out ads in support of or against candidates, for which fines will ensue against the media, law firm and candidate by the appropriate Division of Elections, any fines going back into the Election Fund.

6. Three months before the election: If more than 4 candidates for a position, those who have not met the minimum fundraising targets will be dropped. The remaining candidates shall register with the county board of elections within the County vicinage in which they seek election, or if an appellate or supreme court or attorney general candidate, with the NJ Division of Elections.

Three month campaigning: The candidates shall next be announced on State and County websites and media, on FairtrialNJ’s website and in any other publication that chooses to do so for the public good. The announcements should include a paragraph of basic information such as the attorney’s firm, length of time practicing, position sought, and website address and contact info. The candidate may continue to make appearances including unlimited newspaper and television interviews, telephone calls and private mailings, out of the aforementioned funds collected. Any ads or claims may mention endorsements which shall be documented.

At least three (3) public debates shall be scheduled and sponsored by county or state bar associations, as appropriate, if they so choose, and/or civic organizations and media upon the consensus of the candidates. Statewide Appellate and Supreme Court candidates shall have one debate each in north, central and southern NJ, at minimum, preferably at a university or law school. FairtrialNJ shall participate.

Up to four (4), one page/2 sided printing and bulk mailings which combines and apportions space equally among the candidates, shall be prepared by printers bid out by the State and County Divisions of Elections. The number of copies shall correspond to the number of registered voters in each county and in the state, as appropriate, with duplicates removed. Candidates shall email their artwork containing any preapproved claims to the designated printers for laying out with copy to the other candidates. The mailings shall also indicate the time and location of upcoming debates. Any claims which conflict with those preapproved may be brought immediately to the attention of the appropriate division of elections which may strike the claim. The last 2 mailings shall occur within 30 days and 10 days prior to the election.

7. Excess funds: Any excess funds raised by the candidates as limited above, shall be either donated to charity or public education efforts relating to judicial elections. No unused or excess funds may be maintained or used in future elections or kept by the candidates for personal use. Any excess funds remaining in the NJ Election fund at year end upon review and certification by the Administrative Office of the Courts, may go into the general treasury after State and County Divisions of elections have been reimbursed for any additional costs associated with the elections.

8. Term: Supreme Court and Appellate Division Judges and Attorney General shall hold four year terms coinciding with gubernatorial elections whenever possible, following an initial term of at least 1 year. Candidates for appeal and supreme court judgeships must have first served at least one full term as trial judge. County Trial Judges and Prosecutors shall hold 3 year terms coinciding with freeholder elections, whenever possible, following an initial term of at least 1 year.

References:

Calculations:

  1. Elections for 3 year term candidates – County judges and prosecutors (Petition categories 2A,B,C ,4).
    Initial term (at least one year) and regular elections with Freeholders:
    (50%)6.486M registered voters x $.35/pc. = $1.02M x 4 mailings = $4.06 M/voting yr.
  2. Initial Elections for 4 year term statewide candidates – Supreme Court
  3. Additional funding for support staff and resources to propagate and promote these elections. $1M
  4. New judges in each vicinage to re-hear cases stemming from bias & misconduct complaints
    21 counties x $165,0000/yr. = $3.5M.
    Thus $12.5M maximum is required on a yearly basis. It is expected at least one election is required annually due to retirements, re-nominations and misconduct.

Funding source:

Funding shall be provided by user fees assessed based upon municipal, county trial court and appellate division filings as follows:

  • Municipal Court Filings: 5,899,845 cases x 60% guilty/dismissed) = 3,539,907 cases x $1 costs = $3.54 M/yr.
  • Trial Court Filings: 813767 new cases x $7 fee = $5.7M
  • Trial Court Motions (assuming 2 motions minimum filed per case): 813767 cases x2 motions x $2 fee = $3.26M
  • Appellate Division Filings: 6500 appeals x $10 = $65,000
  • Appellate Division Motions: 10,000 motions x $10 = $100,000

Total collected by this model is $12.66 M. Should a separate ballot and elections be needed in some cases due to crowded ballots and limitations of voting machines, additional funding is available by small increases in fees. However it is estimated that no more than 8-9 additional slots will be needed on ballots in any election depending on size of vicinage and number of retiring and re-nominated judges

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