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Lawyers’ donations to judges debated

Conahan, Ciavarella accepted attorneys’ money, even though Conahan said during his 1993 campaign that he wouldn’t.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter

When Michael Conahan first ran for Luzerne County judge in 1993, he made his refusal to accept campaign contributions from lawyers a key campaign platform.

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“This will guarantee that there will not even be the chance that when I am hearing a case, my mind could in any way be clouded between the arguments of a lawyer who contributed to my campaign and perhaps an opposing one who didn’t,” Conahan told the media.

He borrowed $180,000 to fund the lion’s share of the campaign and expressed intentions “to pay back this money personally.”

But that didn’t happen.

Conahan started his 2003 retention campaign with a $235,100 deficit from loans he and his wife had made to the fund, most dating back to the 1993 campaign.

He paid it all off in 2003 with new campaign donations – including $120,100 from lawyers and law firms, a review of campaign finance records shows.

Judge Joseph Musto, his 1993 opponent, said he’s not surprised. He said he always suspected Conahan would turn to lawyers once the election was over.

“Guess who wasn’t forthright with the voters in 1993? I don’t know if it’s irony or just an indication of what his real intent was in 1993,” Musto said.

Campaign records also reveal another possible irony.

Conahan had blasted Musto in 1993 for accepting proceeds from a campaign fundraiser from Attorney Joseph Quinn because Quinn had been chairman of a 1992 panel that had appointed Musto to a temporary vacancy on the bench.

It turns out that Quinn was one of Conahan’s largest lawyer contributors in 2003.

Quinn’s political action committee – Political Support for Political Action, or P.S.P.A. – donated $10,000 to Conahan’s campaign when he ran for retention in 2003.

Conahan, who is awaiting sentencing on a guilty plea to accepting kickbacks, could not be reached for comment on this story.

Suspended judge Mark Ciavarella, who also pleaded guilty in the $2.6 million kickback scheme, also is campaign debt-free, in large part thanks to donations from attorneys and law firms.

Ciavarella – who is not commenting to the media on any issues, according to his lawyer Al Flora – started his 2005 retention campaign with a deficit due to $108,117 in loans he had made to his 1995 campaign fund.

He received $303,420 in contributions in 2005 – $139,050 from lawyers and law firms – and ended up paying himself $188,719 for personal loan reimbursement, records show. It’s unclear why the loan reimbursements don’t match the loan debts claimed on his reports.

Among lawyers and law firms, attorneys from Lenahan & Dempsey donated the most to Ciavarella’s campaign, providing a combined $20,500 in contributions in 2005, records show.

Judicial candidate committees are free to accept donations from lawyers, although Musto and several other 2009 judicial contenders say they will refrain.

Musto, who accepted legal donations when he ran against Conahan, said the public needs reassurances in light of the recent judicial scandal.

“I believe in this atmosphere, considering everything that’s happened, people need a clear message from me that there will be no question of my impartiality,” Musto said.

University of Pittsburgh law professor Arthur Hellman said donations from lawyers aren’t necessarily a bad thing because they have a stake in making sure the best judges are elected. But he said it’s important that the public and media monitor campaign finance reports.

“Once it’s public, lawyers have to think twice about how their donations will appear when they’re appearing before the judge,” Hellman said.

He and other legal minds are closely monitoring a case before the U.S. Supreme Court involving campaign donations, although not from lawyers.

At issue is whether West Virginia Supreme Court Chief Justice Brent Benjamin should have recused himself from a case involving a substantial campaign donor.

The U.S. Supreme Court is weighing what, if any, amount of campaign donations should force a judge to stay out of a case involving a contributor.

Benjamin had cast the deciding vote to throw out a lower court judgment ordering Massey Energy to pay Hugh Caperton a $50 million judgment over alleged fraud. Massey’s Chief Executive Officer Don Blankenship made $3 million in campaign contributions to Benjamin.

Several lawyers who donated the most to local judges’ campaigns say people should not read anything into the contributions.

“Those of us who try cases just want a fair trial. It’s juries who decide our cases – not judges. I think the role of a judge in deciding a jury trial is sometimes grossly overestimated,” Quinn said.

Campaign finance records list Quinn as the sole supporter of the political action committee, though he said a panel from Hourigan, Kluger & Quinn decides collectively on donation amounts.

Quinn also stressed that judges are free to recuse themselves if they feel their judgment would be impacted in cases involving campaign contributors. Local lawyers can’t recall any judicial recusals based on legal campaign donations, and such an action would likely deter all lawyers from contributing.

Quinn said he’d “welcome” judicial campaign finance reform, possibly involving public financing in exchange for severe restrictions on private contributions.

“I may take an active role in urging some reform. Until you change those rules, lawyers are logically the people who are going to be contributing the most to judicial campaigns,” Quinn said.

Representatives of Lenahan and Dempsey said lawyers are tapped for donations in many campaigns, not just judicial ones. The lawyers say a switch to merit selection of judges would eliminate the demand for contributions in expensive judicial races.

To see a complete list of donations to Conahan and Ciavarella, visit www.times

leader.com

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.