In an ideal justice system, judges and prosecutors serve the law and the public, not political agendas or personal relationships.
But in reality, many of these officials operate under subtle (and sometimes not-so-subtle) pressure from boards of commissioners, party leaders, donors, political action committees, or even law enforcement unions.
The reformers who long ago decided that both judges and prosecutors be elected officials did so as a means of preventing governors and legislators to use the political appointment system for “political patronage.”
But clearly it failed, as government entities found another way to meddle.
So how can concerned citizens and advocates tell the difference between a truly independent legal actor and one who’s compromised?
Here are several red flags to look for and tools to help concerned citizens look deeper and make more informed voting decisions.
1. Check Who Funds Their Campaigns
Prosecutors and judges in many jurisdictions are elected, and their campaign contributions will tell you a lot. Are they heavily funded by police unions, real estate PACs, or major developers?
Reviewing their Campaign Finances will explain why they rarely prosecute police or push back against housing injustice, poverty, or mental health reform.
Tools:
Look up campaign finance reports via your state’s campaign finance disclosure portal or tools like FollowTheMoney.org or TransparencyUSA.org
2. Pay Attention to Board of Commissioners Relationships
County commissioners often control the budgets of prosecutor offices and courts; they’re setting political agendas for an entire community.
Manipulating or hiding data on their community be it incarceration or convictions, becomes imperative to controlling the narrative.
If a judge or prosecutor frequently aligns with the political stances of commissioners or avoids prosecuting cases that would implicate them or their allies, make them “look bad,” or protect the wealthy, that’s a giant red flag.
Let’s say a prosecutor ignores public corruption cases involving police or county officials. They are not at all acting independently, especially when their office relies on commissioner-controlled funding.
Tips:
Watch for how your board of commissioners tries to control conversations around community events or spending; always look deeper, review documentation, and gather the facts.
Above all, follow the money.
3. Watch What They Prosecute—And What They Don’t
Selective prosecution is a major indicator.
Do they crack down on petty theft, addiction, and low-level offenses while letting police-involved shootings go uninvestigated? Do they harshly sentence “outsiders”? Do they retaliate against protesters while ignoring police abuse and constitutional violations?
Patterns will emerge and tell you the whole story.
Case Study:
In St. Louis, former prosecutor Kim Gardner faced backlash for holding police accountable. The opposition came not just from law enforcement, but from other political players who preferred the status quo.
Unfortunately, it happens across the country.
4. Look at Courtroom Behavior
A judge who always sides with law enforcement, rudely interrupts defense attorneys, sets unconstitutionally high bond amounts, or denies discovery requests is not neutral.
Especially as bond forfeitures can bring significant revenue to a county, always be weary of judges who set astronomically high bail and bond, as sources tell me is becoming a disturbing and consistent trend with Judge McKay in Van Buren County.
Prosecutors who outright oppose diversion or routinely overcharge are directly responding to outside pressure to be “tough on crime” because their budget and career is in someone else’s hands.
Does the judge, like Judge Michael Schipper, only offer mercy and forgiveness to the wealthy and well-connected? Does he harshly punish people without money and means?
That’s a problem, because judges should adhere to the rule of the law, and justice should be equally applied to everyone.
Tip:
Organize a court watching group, or find an existing one. Local court watchers and legal aid organizations can often help document and interpret courtroom patterns, pointing out rule of law or due process rights violations.
5. Transparency in Policy and Decisions
Independent officials typically publish their decision-making frameworks. If your local DA has a transparency portal, diversion policy, or racial equity analysis tool, that’s a good sign.
If everything happens behind closed doors, that’s a great big warning.
Resource:
Check if your local DA is part of reform-minded groups like Fair and Just Prosecution or Prosecutors’ Center for Excellence.
If not, ask them why.
Gather a group of like-minded citizens and advocate for these transparency measures at your Board of Commissioners meetings; share information with the group and ask for answers. Don’t back down; you pay their salary.
6. Assess Their Willingness to Challenge Power
Independence means having the courage to hold the powerful accountable, even at personal risk. Judges and prosecutors who challenge bad policing, political retaliation, or corruption are doing the hard work of justice.
If they never rock the boat, ask yourself: who’s keeping them afloat?
If judges and prosecutors are in office for years running completely unopposed, it could mean competition is being chased away on purpose.
Pulling It All Together
True independence in the legal system requires not just integrity, but insulation from political retaliation and patronage.
If we want justice, we have to demand systems that support and protect independent actors and call out those who are just playing a part.
