Spotlight shines on 'dark money'

Speakers deride campaign ads backed by hidden donors

Former Arkansas Supreme Court Justice Annabelle Imber Tuck speaks Thursday about the flood of money from out-of-state special interest groups and the effect those funds are having on Arkansas judicial races. Judicial candidates, attorneys and advocacy groups gathered on the steps of the state Capitol for the news conference.
Former Arkansas Supreme Court Justice Annabelle Imber Tuck speaks Thursday about the flood of money from out-of-state special interest groups and the effect those funds are having on Arkansas judicial races. Judicial candidates, attorneys and advocacy groups gathered on the steps of the state Capitol for the news conference.

About 50 attorneys, former judges and representatives from advocacy groups Thursday spoke against the use of so-called "dark money" in Arkansas' judicial elections during a news conference on the Capitol steps.

No one spoke in favor of a particular candidate but instead argued against interest groups paying for commercials that targeted judicial candidates without disclosing donors or why they are running the ads.

One ad that was referred to repeatedly by the speakers was sponsored by the Law Enforcement Alliance of America, an organization based in Lake Ridge, Va., that says it's the "largest coalition of law enforcement professionals, crime victims and concerned citizens." Those ads have been estimated to cost about $400,000, and all targeted one state Supreme Court candidate.

Former Supreme Court Justice Annabelle Imber Tuck said a task force led by former Justice Robert Brown made recommendations to soften the effect of outside money in judicial races.

Amendment 80 to the Arkansas Constitution, which was approved by voters in 2000, made judicial elections nonpartisan. The state's Code of Judicial Conduct also prohibits campaign activity "inconsistent with the independence, integrity or impartiality of the judiciary."

Tuck said the task force's recommendations included creation of a nonprofit organization that would provide voter education in judicial races and monitor advertisements and other media communications. The group would then issue news releases on the accuracy of campaign material.

"This is your judicial system ... so I urge the bar, the bench and everybody -- not just lawyers and judges -- to get behind this type of [group] that will help respond to the situation we face today," Tuck said.

Brad Hendricks, past president of the Arkansas Trial Lawyers Association, called the use of money to support ads such as the one targeting Little Rock attorney Tim Cullen "insidious" and "dangerous." He said that the Virginia dark money group also ran ads recently in Texas and "basically bought the judiciary." He said the group's supporters should "come out of the shadows" or not participate in elections in the state.

"When you go in to court, you deserve to know whether that judge has been influenced unduly by money. You deserve to know whether that judge has been influenced unduly by individuals -- you're entitled to that," Hendricks said. "A strong judiciary is your only, your sole protector of your individual rights ... and it's up to us to preserve it."

Cullen, the target of the ad, also spoke at the rally.

He said his opponent is allowing an out-of-state interest group to "carry the ball" for his campaign by flooding the state with negative television ads. Cullen said he was in "utter disbelief" that Court of Appeals Judge Robin Wynne has not spoken against the ads.

The ads were first announced by the group May 8 and targeted Cullen for comments he made while he was a court-appointed attorney for a man who pleaded guilty to possession of child pornography and attempted enticement of a minor. The group said Cullen called child pornography a "victimless crime" and that he tried to get his client out of prison early.

Cullen has said that he argued his client should not be subject to a sentencing enhancement because his client had been conversing with an undercover police officer and not an "actual" underage victim.

It's unclear who donated money to the group for the Arkansas advertising.

Cullen said he was ethically obligated to represent his client and that the group lied about his actual comments.

"[T]hey have disdain for the role of lawyers in society, they have only scorn for the notions of truth and fairness, and they are willing to exploit the most painful trigger in too many people's lives -- childhood sex crimes -- for political gain," Cullen said.

Linda Napper, a spokesman for Wynne's campaign, said in an email that "we have no further statements to make at this time."

"Judge Wynne is spending the last few days before Election Day traveling the state where he is speaking to voters about his experience and qualifications," Napper said.

While the speakers at the rally repeatedly referred to the Supreme Court race, another outside group has invested hundreds of thousands of dollars in the state attorney general race.

Metro on 05/16/2014

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