Cunningham ad misrepresents reason for endorsements

Acting on a complaint by one of his opponents in Tuesday's primary election, the Kentucky Judicial Campaign Conduct Committee concluded today that a television advertisement by Jefferson Circuit Judge Charlie Cunningham misrepresented the reason that three groups endorsed his candidacy.

Cunningham's ad says the groups had endorsed him because "Judge Charlie Cunningham has been a judge we can be proud of," but all three endorsements were made before Cunningham was appointed to the bench.

Cunningham's campaign consultant said the ad started running Tuesday, May 13. The complaining candidate, W. Douglas Kemper, wrote the Committee on Friday, May 16, citing broadcasts on the evening of Thursday, May 15. The ads said, "Why do our teachers endorse Judge Charlie Cunningham? Why does Citizens for Better Judges and the Central Labor Council endorse Judge Charlie Cunningham? Simple. Charlie Cunningham's been a judge we can be proud of."

Kemper's complaint said Cunningham was endorsed by the Jefferson County Teachers Association on or about March 3, by Citizens for Better Judges on March 13, and by the Greater Louisville Central Labor Council, AFL-CIO, on April 7; that Gov. Steve Beshear did not appoint Cunningham until April 14; and that Cunningham was not sworn in as judge for another two weeks. Kemper wrote, "The premise of the commercial is entirely false. Those bodies could not possibly have endorsed him 'because he has been a judge we can be proud of,' because he wasn't even a judge at the time they made their endorsements."

Cunningham acknowledged that the endorsements came before his appointment, but said he does not believe the ad is inaccurate because its language is in the present tense. "If I was an embarrassment as a judge, these organizations could, and presumably would, withdraw their endorsement," he wrote. "They haven't." He provided copies of the ad for the Committee to review.

The Committee is an independent, non-profit, non-partisan group of citizens from all over Kentucky - lawyers and non-lawyers, former judges, educators, journalists and civic leaders. It does not endorse candidates and has no official authority. The Committee was created to educate the public about the important differences between judicial campaigns and those for partisan political office, and about the importance of high standards in conducting judicial campaigns; to help candidates campaign in an ethical and dignified manner; to monitor advertising to detect and deter improper campaigning; and to investigate complaints about unfair campaign tactics and make public statements about such tactics.

Anthony Wilhoit Vice-Chairman