cervical cancer. in scotland, wales and northern ireland women can get screening at the age of 20. in 2004 the government sought to increase the age women in england get screening to 25. why does the government discriminate in this way and will the government consider addressing this injustice? >> we are very concerned indeed to make sure that we prevent and have early detection for many cancers as possible. we make sure the necessary resources are available but indicted in the application of those resources by clinical judgments. he is not a scientist anymore than i am but what we have to do is take the best advice and act on it and make sure the resources are there to back it and that is why we have shriveled the investments. ..

>> the government is determined to combat human trafficking. we're consider the proposal by the honorable members of the establishment of an awareness day on this issue and will respond to them in due course.

>> mr. speaker, we need this day more because he for the earthquake in haiti, we had 200 orphanages, many of them were funds for child trafficking. since the earthquake, we now have a new problem of 380,000 children at risk. will she speak to her international aid contacts this afternoon and establish a network for children at risk so they have some were safely to be, until they can trace their own family? or have time to set up some kind of arrangement where their safety can be insured, but traffickers are certainly, we need to make sure they don't attack the children. >> for the work is done is issue and he has consistently and intelligently raise it in the house. and i agree with him that

there's work that needs to be done by the police and the place internationally. there's work that needs to be done by prosecutors internationally. and there's work i know that he supports of the voluntary organizations, helping bring out the message to warn people of the dangers of trafficking and to protect those victims. so i congratulate him on his suggestion, and we will look into it. >> order.

strickland. [applause] >> and now ohio governor ted strickland gives a state of the state address. he's in a final year of his first term in office and he's running for reelection again. from the state capitol in columbus, this is an our. >> thank you for the warmth of your welcome. speaker budish, this is the last time that senator harris and chief justice tom boyer will be attending a state of the state address. i would like for the two of them to stand so we can express our appreciation for all they've done to the people of our state. [applause]

>> leader batchelder and leader cafaro, lieutenant governor fisher, statewide elected officials, and members of my cabinet, and a special word of thanks to director terry collins who is retiring -- [applause]

kerry is retiring after giving 33 years of his life to ohio and to the department of rehabilitation and corrections. we thank you. two members of the general assembly and to the members of supreme court, distinguished guests, first lady frances strickland, and -- [applause] and to my fellow ohioans, i believe in ohio. i believe -- [applause] i believe in ohio because you

can't write the history of the world without us. without flight, without light, without rock 'n roll, without professional football, without john glenn in space and john glenn on the earth, without the tomato, without the underground railroad, without roy rogers, without tires and ignition switches, without the humble fly swatter, without the richter scale, without jesse owens running for gold and for all of us in berlin, without street lights, without fire departments, without superman. i believe in ohio because ohio will power the future. [applause] >> the first major glass company

to open its doors in toledo was libbey glass. it was energy that brought edward libbey here. he brought his company from the east coast to ohio in 1880s because our natural gas could fuel his operations at a lower cost. from that fateful decision more than a century ago, toledo became an international center for glass production. and while energy once brought us the glass industry, today that glass industry is bringing us new energy companies making solar panels. and that means jobs in solar research and design, production, distribution, and installation. and that means a renewable source of power that will attract new companies in countless industries who will flock to places where there is better access to better energy.

just ask libbey glass, the largest glass maker in the country, still at home in toledo, and once again in the midst of a great energy center. i believe in ohio because we have made a commitment to advanced energy and we are seeing results. when i took office, ohio had the nation's weakest advanced energy standard for electricity production. today, ohio has the nation's seventh most aggressive standard. [applause] >> in 2007, not one drop of ethanol was produced in ohio. today, four ethanol facilities in ohio are producing 295 million gallons annually.

in renewable and advanced energy manufacturing projects, ohio now ranks first among the 50 states. [applause] >> the council of state governments scoured the nation to tally the total number of new green jobs created last year. and what did they find? ohio ranks first. [applause] >> ohio ranks first. you know, we've made it this far, this fast on advanced energy because we pursued smart, responsible policies and we made smart, responsible investments. two years ago, ohio was one of the first states to respond to the international economic crisis with a bipartisan jobs

bill that made key investments in several high growth industries, including a 150 million-dollar commitment to advanced energy. and now quasar energy group is building an anaerobic digester right here in franklin county. the facility will keep waste product from farms, food companies and elsewhere out of our landfills and transform it into fuel and fertilizer. in shelby county, wayne trail technologies is creating a better battery for hybrid vehicles. aided by our jobs bill, energy projects like these are in the works all across ohio. our electricity reform bill prevented the kind of skyrocketing rate increases of 50, 60, 70% that crippled so many states that failed to act. instead, ohioans pay 10% less for electricity than the national average.

and that reform bill established reliability standards that are essential to ohio companies. dupont officials testified two years ago that they would not expand their circleville plant because their electrical service wasn't dependable. but just last week, just last week dupont announced a 175 million-dollar investment to retool a facility, a facility that once made components for vcr tapes, and there turn that facility into something that will make film for solar panels. [applause] >> the company credits our energy reforms with making ohio a better place for them to do business.

we are rapidly deploying federal stimulus funds to advance $500 million in projects supported by an array of energy jobs from cutting-edge research to home weatherization. we have continued the vital work of the third frontier, the third frontier, a program that has made already $150 million in energy technology investments. we've brought 15 state and private universities together in the university clean energy alliance of ohio, thank you, chancellor, and we've done that -- [applause] >> and we've done that to unite our efforts in pursuit of energy breakthroughs. and in our first budget, we dramatically accelerated our school construction program and

made it into one of the largest energy-efficient building initiatives ever created. i believe in ohio. i believe in ohio because we are not just sitting back and letting other states pass us by. we are taking the vital next steps to advance our energy economy. i am pleased to announce today that ohio is creating the energy gateway fund. we will make a unique and lasting investment in fuel cells, solar, wind, energy storage and the like with $30 million in federal job stimulus funds, and $10 million from our state job stimulus program. this 40 million-dollar commitment will offer access to capital for new and expanding advanced energy companies. and we will at least double the impact of our efforts by requiring that those seeking

state funds will, at a minimum, match our investment dollar for dollar with new private funds. revenue generated from the fund's investments will keep powering ohio's economy because it will be reinvested in additional energy companies. [applause] >> with the federal tax credit currently in place for renewable energy, companies will be making commitments to new facilities in the coming months. but the fact of the matter is that ohio's tax structure discourages wind and solar companies from coming to ohio to generate renewable energy. we should give those companies every reason to choose ohio. and that's why i'm asking the

legislature to erase ohio's tangible personal property tax on generation for wind and solar facilities that break ground this year, create ohio jobs, and begin producing energy by 2012. [applause] >> and we will no longer be shy about our place at the forefront of the energy revolution. and that's why we are proclaiming ohio's status as america's energy gateway. and we will transform turnpike service plazas in williams and mahoning counties into showcases of ohio's advanced energy capabilities. visitors to ohio will learn, and ohioans will be reminded that ohio is producing a new kind of

energy to power our future. now there will come a day when ohio will be the undisputed home of advanced energy. a day when we will have cast off those two tired little words that have been used to put us down. rust belt. because that's not who we are. [applause] >> thank you. there will come a day when the iconic image of the texas oil rig will be eclipsed by the ohio made wind turbine and solar panel. orval right once said that

everything that he accomplished in his life was the result of his upbringing here in ohio. in ohio he was taught to question, explore, and to seek new answers. i believe in ohio, because that spirit is very much alive in our great state today. i believe in ohio because we have laid the foundation for growth and a thriving middle class. i believe in ohio unconditionally. [applause] >> but let me say to you, we must not lose sight of the fact that many of our people are hurting right now. the wake of the wall street crisis has knocked over banks, and mortgage lenders and pension

plans, and companies in every sector of the economy. leaving us in the midst of what is the worst economic collapse in generations. people have worked hard all of their lives, and you may have never bought a stock or a bond, and certainly never traded in collateralized debt. they have been hit by a storm of greed they didn't cause. they didn't contribute to, and they would never have benefited from, but for which they must now repair the damage. in stark county just last year, 835 people applied for one job opening as a janitor at a junior high school. 835 people scrambling for one job. one man told the local newspaper that getting the job would be like winning the lottery.

i want to say something to those 834 people who applied for that job and didn't get it. i want to say something to every person in ohio who is unemployed or underemployed. i am fighting for you. [applause] >> i can't say -- i can't say -- i can't say it will be today. i can't say it will be easy. but we are going to fix this thing. you have my word on this. i will move heaven and earth to create jobs in ohio, and i will not rest until it's done. because, because the state of our state is unyielding. [applause]

>> unyielding -- unyielding in the face of the global economic turmoil. unyielding in the face of budget cuts and job loss. unyielding in the knowledge that we are more than our challenges. [applause] >> and unyielding in the belief that ohio will not always be just our home, but our hope. i believe in ohio. [applause] >> i believe in ohio because we may have been dealt a tough hand, but we are going to do what ohioans have always done.

we are going to play it to win. we've had to make tough decisions. we've had to make sacrifices. but we have worked to reduce the blow of this international economic meltdown, and the decisions that we have made have positioned ohio to not only recover, but to emerge rebuilt and renewed. [applause] >> in our bipartisan jobs plan, we made major investments in advanced energy and also in logistics and distribution, public works, and other areas. we've made the largest commitment in our history to improving ohio's infrastructure while saving resources in every way possible. in fact, we will increase infrastructure spending this

year by 30% while operating with a department of transportation that has its smallest workforce in 30 years. [applause] >> we have revitalized our job training efforts to build the skills our people need for employment in high growth industries. all told, we have helped more than 140,000 ohioans receive job training since january 2007. we've made a commitment to building a tax structure that encourages job growth and is respectful of our citizens. we expanded the homestead property tax exemption, saving the average senior citizen homeowner more than $400 each and every year. our business taxes are the lowest in the midwest. in fact, every fear that i have

been in office we have cut taxes. now, even with the delay in implementing the final year of the personal income tax reduction, our efforts to carry out the tax reform bill of 2005 have already provided the largest tax cut in modern ohio history. [applause] >> we've reformed our regulatory process to cut down on red tape and to make it easier for companies to do business in ohio. in fact, we tossed out 220 state rules and we revised well over 1000 more. i believe in ohio because job creators know that ohio is a great place to do business. the small business and

entrepreneurship council studies the business climate in the 50 states. they consider taxes and regulations and the like, and then they rank the states on of they are a good place to start and grow business. and 2006, ohio ranked 38th. in their new report issued just a few weeks ago, ohio now ranks 11th. [applause] >> and we are among the very best in the midwest, and best among the states that border us. i believe in ohio because we have always been a state that invents things, designs things, makes things, and grows things. and the world knows this. in fact, we are the only state

in america where exports have grown every year since 1998. i believe in ohio because i have never met -- i have never met an ohioan who thinks we should put in a call to china and ask them if they want more american jobs. because we know there is no product that wouldn't benefit from having made in ohio stamped on it. [applause] >> but ohio business leaders have told me time and again that lack of access to capital impedes them from competing and expanding. our businesses are operating with one hand tied behind their backs because when wall street

ran amok and damaged the american economy, it created a credit crunch for even the most fiscally sound companies. in particular, we have many small manufacturers in ohio who cannot afford to expand their companies and call back laid off workers, even as orders increase, because they lack capital. if they miss this window to expand and innovate, it could cost ohioans jobs for a generation. quite frankly, i'm convinced that this is the single greatest factor inhibiting economic recovery. so we're going to do something about it. today, i'm pleased to announce that lieutenant governor fisher and ohio treasurer kevin boyce have been working with a group of ohio lenders to establish the small business growth partnership. the first initiative of this

partnership will be the creation of a business lending clearinghouse that points small businesses in the direction of possible sources for the working capital they need to grow their businesses and to create new jobs. we are also meeting with lenders to establish a working capital jobs fund. this public-private partnership would become a new, a dedicated source for working business capital. now let me be clear. this is not a bailout and it's not a hand out. these are loans for companies that could make more products, more profits, and more importantly, more jobs if they simply had the required capital. my friends, ohioans have all the skills needed to do jobs that are being outsourced overseas. in fact, ohioans have the skills to perform those jobs better.

and that's why today i am announcing insource ohio, a collaboration between the ohio department of development, job and family services, and the board of regents. insource ohio will work with any ohio company currently outsourcing or considering outsourcing to demonstrate how ohio's workforce can meet their needs within a business model that remains competitive. [applause] >> i believe in ohio because our workforce is second to none. but when jobs disappear we owe ohioans every opportunity to prepare themselves our new employment. and that's why today i am

announcing the creation of a manufacturing certificate. those who have worked in manufacturing will be able to obtain a credential they can take to future employers that documents their full range of job skills and experience. and certificate holders will be able to earn credit toward additional job training and education. people are coming to our community colleges looking for opportunity. in fact, enrollment is up 23 percent over the last three years. now a lot of folks want to create their own opportunity, and that's why we should help them channel their passions into a business. today i am announcing the creation of a new program called build your own business. in partnership with our small business development centers, ohio's community colleges and adult career centers will begin offering ohioans courses and

training on starting a new business. participants will have access to business tutors and business mentors, and to small startup loans of up to $5000, to help our new entrepreneurs take their first steps forward. build your own business represents a statewide expansion of a highly successful program at lorain county community college where they offer education and support to budding small business people. and where 60 of the 62 businesses they have mentored are succeeding. build your own business is just one of four significant job training programs i think should be the focus of new revenue which ohio will receive from casino licensing fees. i would ask the legislature to consider implementing our co-op internship program to give college students an opportunity to get invaluable experience in their fields, and encourage our

young people to stay and thrive in ohio. and we should support the highly successful ohio workforce guarantee because it avoids layoffs and spurs business expansion by providing resources to companies. and i look forward to working with the legislature to create an urban workforce initiative to provide incentives for ohio companies to immediately put unemployed ohioans back to work. i believe in ohio because we favor common sense solutions over ideological extremes. now with the new regulatory reform that we are calling fast than one, we will be able to accelerate funding and final approval for our most promising job creating transportation projects. and we will dedicate an additional $100 million in cost savings to these fast trac

projects. putting more ohioans to work, building roads, repairing bridges and making ohio move. we created the university system of ohio in order to unify our higher education in our state, and to help us pursue the goal of being the best in the nation at turning our university research into new jobs and economic development. and today we are pursuing a groundbreaking agreement that will help our university system turn great ideas into new products and new jobs. my administration and attorney general rich cordray are overseeing talks toward reaching a standing agreement between the entire university system of ohio and consumer product powerhouse p&g. with the contract in place, we will speed up and strengthen

research collaborations between our university faculty and the company. p&g will get the benefit of our innovative thinkers. our universities will get the benefit of unprecedented opportunities to collaborate with p&g on new products. and ohioans will get the benefit of new economic development. and we can use this agreement as a model for other companies and industries that want to work with ohio's innovative institutions. so today, i am calling on the ohio auto industry support council to build on this historic agreement and to create a network that will link ohio's manufacturers to great research going on in ohio. [applause] >> i believe in ohio because we

are not passively waiting for a better day. we're pursuing pragmatic solutions and building public-private partnerships that let us focus the energies of government on the needs of the people, and guide the energies of private entities toward work that advances ohio. with the third frontier, ohio made a commitment to securing our place at the forefront of the research economy. and that commitment has paid tremendous dividends. certified independent analysis shows that overall, third frontier effort has created 48000 jobs for ohioans, and leveraged more than $6.6 billion in outside investments. and the third frontier is a major reason why venture capital investments have grown more than 20% a year, well more than twice

the rate of the growth nationwide. [applause] >> this 10 year investment in revitalizing ohio, launched in 2002 under the leadership of former governor bob taft and with the bipartisan support of elected officials and voters, is set to expire. i want to thank the legislature for working toward the renewal of this vital program, and i am hopeful that we will meet next week's deadline for placing the the ballot so that voters can consider it in may of this year. [applause]

>> ohio's promise, ohio's opportunity is not to be found by clinging ever tighter to a fading past. indeed, the scriptures warn us, do not say why were the former days better than these, for it is not from wisdom that you ask this. because, my friends, our renewal lies before us, not behind us. [applause] >> and even as we acknowledge the sincere shared sacrifice we have endured in recent years, we shouldn't lose sight of the fact that we have accomplished some things that no other state has been able to do. we have followed a plan and defied our circumstances to protect our investment in the

future. california recently announced a 32% tuition increase at its state universities. ohio has held tuition to the lowest increase in the nation over the last three years. [applause] >> a thank you. and my friends, that's one important reason why we now have 65591 more ohioans enrolled in our public colleges and universities than we had in the year 2006. [applause]

>> next door in indiana they are in the process right now of slashing $300 million in state funds from their primary and secondary schools. in georgia, school funding was cut by $440 million. and at least 20 other states are inflicting serious cuts on their school systems. but in ohio, in ohio, we are not going backward on our schools. [applause] >> using a combination of state and federal resources, we have increased school funding by 5.5 percent in the last budget. i believe in ohio because we recognize that a superior education starting from the

earliest age is the only path to sustained prosperity. so we passed a historic education reform plan last year that gives our students and our taxpayers a system that is constitutional, accountable, and incomparable. [applause] >> thank you. using an evidence-based approach, we have defined the resources our students need inside and outside the classroom. we have redefined our expectations and our practices with one core purpose in mind, to prepare our students to become critical and creative thinkers who will thrive in the workplace and in life.

this month education week issued its annual report card on the nation's schools. the study looks at more than 150 indicators of school quality. and ohio's schools now ranks first in the midwest and fifth in the nation. [applause] >> the report notes that ohio's standards for mathematics and science have been cited as a model by other states, and that our assessment and accountability practices are among the best in the nation.

our closing the achievement gap initiative has raised expectations and achievements of african-american students. over the first two years of this effort, participating school districts achieved a more than 18% increase in the overall ninth and 10th grade promotion rate. now, listen to this. the highly respected education commission of the states studies schools and school systems across the country. and they didn't present an award for innovation to the state that has best improved education and put in place what they call bold, courageous and nonpartisan new policies. and just today, just today, the commission announced that their award for the most innovative education system in the country goes to ohio. ohio.

[applause] thank you. let me say to our school children, we don't know what your dreams will be, but our schools will give you the tools you need in order to make them come true. in ohio we now better serve those who have selflessly served our nation. we created the ohio department of veterans affairs, veterans services to unite all our state veterans programs into one cabinet department.

with the ohio g.i. promise, ohio became the first state in the nation to open its doors and the doors of our state universities and colleges with free tuition for veterans from across the country. we've made military pensions free of state income tax. so let these policies send a clear message to everyone who has worn this nation's uniform. heroes are welcome in ohio. [applause] >> so today in honor of all the servicemen and women from ohio who are bravely serving us, i

would like you to join in a moment of silent reflection. let us pray for their safe return and for the comfort and strength of those who have suffered loss or injury. [silence] >> thank you. i'm proud today to say that in assembling a cabinet and in appointing judges, no ohio governor has ever chosen applicants who better reflect the great diversity of this great state. and women now hold half of the seats in my cabinet. [applause]

>> among the 40 judicial vacancies that i filled, more an one third of our new judges are african americans, and more than 40% are women. [applause] >> one of my recent appointees represents the first hispanic american to serve as an appellate judge in ohio. and i'm also proud that i've appointed the first two ohio judges who identify themselves as members of the gay and lesbian community. [applause]

>> my friends, public servants should look like the public they serve. [applause] >> together we are put a steady hand on the reins of government, investing in the things that are essential to our future and essential to who we are. we are building a government that works better and works on what's most important to ohio. a government that looks like ohio, and acts like ohio. ronald reagan once said that no government ever reduces itself in size. a government program, he said, is the nearest thing to eternal life we'll ever see on this earth.

well, today, today ohio has 5021 fewer state employees than when i took office. [applause] >> that's fewer state employees than at any time since ronald reagan was in the white house. to keep our budget balanced, we've had to make cuts, but we are also making better use of the resources that we do have. it costs less to make a copy at the ohio environmental protection agency now because they purchased copy machines instead of leasing them, saving $19000. the phone bill went down at the department of health because they are placing more calls over the internet instead of over traditional phone lines, saving $232,000.

and because there truly is no such thing as a free lunch, we have saved $1.6 trillion by limiting where and when state money can be used to purchase food. you know, it's a penny here and a dollar there. or in the case of our medicaid efforts, it's $796 million saved by billing third parties who should have been responsible for that payment. [applause] >> quite frankly, we have tracked down waste and inefficiency like a hungry bloodhound. because our taxpayers deserve no less. [applause]

>> now, not for a moment would i want to understate the serious challenges we have faced in ohio. serious budget challenges. but i also think we should understand that responsible leadership makes a difference. in november, the pew center on the states issued its report on state finances and state economies. they made an apples to apples comparison of per capita revenue and spending across the 50 states. and what did they find? ohio is doing better than most states at maintaining state revenue and balancing the budget. "forbes" magazine did a story just a few years ago about the states people most wanted to live in. florida was right there at the top of the list. today, florida is right there at the top of a different list. the pew center's list of what

they call states in fiscal peril. florida has a higher unemployment rate than ohio. florida has a higher vote closure rate than ohio. florida has lost vastly more state revenue and has had vastly greater budget gaps to fill than ohio. now it's true, it's true that in florida they don't have to shovel a lot of snow. but, my friends, i would remind you what rutherford hayes had to say on the subject of weather. he said, the climate of ohio is perfect. because a climate which requires industry to secure comfort is the very climate which produces the highest civilization. [laughter] [applause] >> and by that standard, by that standard we've reached some heights in civilization.

you know, i believe in ohio because while every state has taken a hit in this economy, quite frankly, we are tougher than most. i believe in ohio because our cities shine brightly as centers of commerce and culture. i want to acknowledge the valuable work of the compact with ohio cities task force. speaker budish, i want to express my appreciation for the fact that you made this important subject a priority, and i would like to see us move forward on several of the task force recommendations, including transportation innovation authorities and land banks. [applause] >> the task force also called for action to help prevent foreclosures. now both the house and the senate have bills that would reduce foreclosures in ohio.

and today i am asking members from both chambers, from both sides of the aisle, to bring together your best ideas and put a bill on my desk that will help ohioans stay in their homes. [applause] >> thank you. ohio's cities have very different economic identities. and it's time we formally recognized that fact and helped build on those strengths by designating ohio's hubs of innovation and opportunity. already in dayton and the surrounding region we have created an aerospace hub that recognizes the wide array of research and production that

goes on there. today we are opening the hub process all across ohio. this year, all of ohio's eight largest cities will have the opportunity to hold hub status. as a hub, we will provide planning money and development assistance to further build connections between industry strengths anchored in the urban core and the surrounding region. in short, we are going to help our cities and regions do more of what they do best. you know, ohio consistently ranks among the top three states in average revenue per minority firm. and we are proud that we are the home of opportunity. i am pleased to announce today a new partnership with the cleveland-based nonprofit group jumpstart. our pilot project in 21 northeast ohio counties will assist high potential minority owned firms in developing business plans for sustained growth and in accessing angel

investors and venture capital. [applause] >> i believe in ohio, i believe in ohio because ohio agriculture is so important not only to our economy, but to our way of life. but we should do a better job of getting ohio grown and raised foods onto the dinner tables of ohio families. because ohioans spend about warty $3 billion every year on food, but only 3 percent of that spending goes to products from ohio farms. moreover, too many ohioans live in neighborhoods where fresh produce is hard to find or impossible to afford. today i am announcing the ohio neighborhood harvest, the

largest effort of its kind ever undertaken to map access to healthy and locally grown food. [applause] >> working in partnership with local governments, the private sector and nonprofits, we will use our findings to design a statewide strategy to improve access to ohio grown products and to ensure that people in every neighborhood in ohio have access to affordable, healthy food. because there shouldn't be any neighborhood in ohio where the only vegetable for sale is the pickle on a fast food hamburger. ohio, ohio is a soybean state. we are a corn state.

we are a logistics state right in the heart of it all. and we are the polymer state. all these things make us the ideal location for an advanced biorefinery that converts farm output into food, fuel and biopolymers. toothbrushes, cell phones, printer cartridges. there's a list of products as long as my arm that are today made from petroleum-based products that could be made from biopolymers. and i'll tell you this. there's absolutely nothing that we could do to secure the sustainability of our nation that is of greater importance thanending upon the midwestern farmers to meet our needs instead of the midwestern -- made eastern oil barons to do so.

[applause] >> so to the companies currently drawing up plans to build a while refinery, bring those plans to us. because our agricultural output, our knowhow, our location, we are sitting on a treasury and we will do everything in our power to tap it. now, in summary, the energy gateway fund, hubs of innovation, the ohio neighborhood harvest. i believe in ohio because we will invest in the things we do exceptionally well, and we will create jobs. [applause]

>> renewal of the third frontier, and advanced biorefinery. we will invest in ohio and we will create jobs. the most innovative schools in the country. teaching people the skills they need to start a business. insourcing ohio jobs. helping manufacturing workers show what they can do. . . [applause] >> small business growth partnerships, a groundbreing relationship with p & g. i believe in ohio, because we will unshackal those who make things, and we will create jobs. [applause]

the smallest state workforce in a generation, hundreds of millions in savings and unprecedented deficiency. i believe in ohio, because we will save taxpayers resources, so we can >> i believe in ohio because we will save taxpayers' resources so that we can invest more in that things that matter most, and we will create jobs. [applauding] we are rebuilding an economic foundation, and we are doing it so that our middle class can once again stand tall. yes, we have been knocked down. there is no doubt about that. but as the legendary football coach vince lombardi used to say, it is not whether you get

knocked down, it is whether you get back up. [applauding] bank and ohio will rise again! [applauding] [applauding] because -- because there isn't a single thing that is wrong with ohio that can't be fixed by what's right with ohio. [applauding] so i believe in ohio. i believe in the ohio because everything we have done today will help us to thrive tomorrow. i believe in ohio because with

god all things are possible. thank you. [applauding] [applauding]

>> now a discussion on how reason supreme court rulings may affect the election of state judges. we will hear about caperson v. massey coal, a case about when

judges are required to recuse themselves. george town university law center and the aspen institute hosted this hour-long event. >> welcome, everyone. we are here for a day of interesting panels, discussions, keynotes. the supreme court financing and supreme courts. we have planned conference a number of months ago. we did not expect three or four days before we get together here. we are remarkably timely. the discussions today will consider but the uses as an end caperson v. massey coal which are crucial issues regarding the impact of money on the election of state judges. at this law school the last three or four years through the sandra day o'connor project we focused in on these issues

putting together a number of panels and conferences. presence justice o'connor who has been the guiding light and the guiding force behind our collaborations and discussions here. justice o'connor, thank you so much for being with us today. [applauding] we are joined by several other state and federal judges in the audience. we hope they will participate in the discussion and give us their perspective on these issues. we have several sec commissioners and former commissioners with us as well. this symposium is part of a series we have co-sponsored with the aspen institute. we are delighted with this partnership. the collaboration allows us to put on exciting programs that cut across law and policy. the programs made possible by the generosity of the supporters of the sandra day o'connor project which have funded the georgetown law as an institute symposium series. want to turn things over to our master of ceremonies who has put

this to together. i want to thank her for her incredible work on putting together these terrific panels on this terrific day. [applauding] >> i'll take master of ceremonies because the equivalent on the women's side might not sound so good. thank you. i want to take this opportunity to thank the dean for his steady support of the sandra day o'connor project which it has just come to a close. as many of you know dean aleinkoff tenure as dean will in this week as he goes off to geneva to serve as deputy high commissioner for refugees. it is a we are fortunate that judy will be working as the active dean.

now we have come first full circle. look into this second georgetown law aspen institute symposium. we selected the two cases that our pals are going to discuss today because both are about money and the elections. last term's caperton case was about when judges should refuse themselves from hearing a case and they have received donations from a party in the case. in caperton a five million dollar donation was not deemed by the recipient to be sufficient grounds to recuse himself from hearing the appeal of the case where the contributing company was the litigant. the supreme court disappeared disagree. opened the door to increase expenditures under federal election law. the reasoning will require the same result in the state. we are faced this situation where more money will go in to both federal and state elections

and particularly of concern to state court elections. that money will be unprecedented and will lead to serious challenges, we believe, to judicial independence in state courts. our first panel will discuss the caperton case. the second panel will focus c itizens united. we are privileged to be joined by both scholars and lawyers. our third panel is composed of people who have given thought to have to restore public confidence in our state court. with that i turn it over to nina totenberg of national public radio. correspondent who is a scholar on supreme court rights. >> thanks so much. scholar, my scholarly work is about a half an inch thin, but

thank you for the description anyway. of course i am a reporter. don't expect me to miss the lead and not talk about citizens united at all. a year-and-a-half ago the u.s. supreme court ruled that the elected judges are constitutionally barred from participating in cases involving disproportionately large manager players in their campaign. it came at a time when spending on judicial elections was skyrocketing us. writing for the five under court majority justice anthony kennedy said a judge who is potentially biased in a realistic sense deprives a litigant of his or her right to a fair hearing. justice kennedy said about not every campaign contribution creates a probability of bias this case involves independent expenditures of some t

wo-and-a-half million dollars by the officer of the company involved in a lawsuit. there's no way to know, added justice kennedy, whether the state supreme court justice here was actually biased come, but the temptation to shade was inescapably there. therefore, he said, we conclude there is a serious risk of actual bias when a person with a personal stake in a particular case has a significant and disproportionate influence in placing a judge on the case by raising funds or directing an independent expenditure campaign. now, ironically last week justice kennedy wrote a supreme court decision taking exactly the opposite position when dealing with congressional elections in the threat of undue influence on members of congress. so there are a number of questions posed by those who apparently, anyway,

contradictory opinions. is what is good for the goose, not good for the gander? there are other questions that we may focus on today, too. questions raised by chief justice roberts last term in west virginia. the chief justice listed 40 questions that he said were unresolved by the court's ruling including how much money is too much, how do we determine what is disproportionate, what if the case involved a social or ideological issue rather than a financial one, must a judge recuse himself if he got a disproportionate support from pro-life or pro-choice groups. i do have to note that these are the kind of questions that legislative bodies usually resolve. in those states that have dealt with this issue is the state

bench and bar that have been charged with establishing recusal rules. so far i have to say with very little success. so is there any way to do this short of getting rid of parts and elections of judges altogether? barring that was the supreme court's decision in the case from west virginia just a shot in the dark soon to be eclipsed and forgotten under the rubric of citizens united? and by the way, with the supreme court's decision last week unleashing unlimited special-interest money in all elections including judicial elections in the vast majority of states, what are the consequences? so i have asked our panelists to make a few opening remarks each, no more than five minutes. although i don't have a red light, justice o'connor, plan to be just as brutal chief justice rehnquist.

i am going to start. he set up a commission set up to fix the situation there. he will tell us what happened in the west virginia and presumably what the steps might be. >> thank you very much. certainly an honor to be here this morning. i would be remiss if i did not start out being reminded of the story of fred thompson used to tell when he left his law practice to serve as watergate counsel. he remarked to a friend, great, i can just see him not being introduced. here is sam dash constitutional

scholar and arguably and serious thompson, intersection lawyer for national tennessee. i suppose i am happy to introduce myself as a lawyer from charleston, west virginia. >> i don't think so. >> i have been asked to provide a bit of a west virginia perspective on the caperton case and particularly what happened in the wake of the supreme court ruling. our governor appointed the independent commission on judicial reform. we were honored to have the participation of justice o'connor serving as co-chair. the governor then passed the commission with evaluating and recommending a broad systemic proposals for judicial reform. with the deadline near five months away we set about cutting the work very quickly, holding a series of public hearings around the state .

what we found in our research or a couple of troubling trends which will not be surprising to anyone in this group and trends that are certainly not unique to the state of west region and. first, of course, is an explosion in rapid increase in campaign spending and judicial elections. not only by candidates and candidates committees, but also by independent third parties. often as a result of this rapid increase we have seen a continued erosion of public confidence in our judicial system. an erosion and no doubt by the negative public attention focused on the state of west region and the judicial system and the wake of the supreme court ruling. in an effort to address these and other issues the commission said set about crafting a serief

recommendations for the consideration of the governor and the legislature. it was not our objective, we belt, to to make recommendations for a perfect judicial system. we could not have done that in five years, much less five months. nor was it to our purpose to try to necessarily try to declare victory for any particular side in a judicial reform debate. rather we viewed our task as crafting a series of reasonable, feasible, and, perhaps, incremental proposals that would improve the judiciary in west virginia, and it could be considered for implementation immediately by our governor and legislature. i would like to touch on a couple of those. the first to address the pressing concerns in campaign spending. we recommended the implementation of a public

financing model for the 2012 election. modeled closely after the public financing system put in place by the state of north carolina in 2002 for their appellate court traces. finally, although we make no recommendation regarding a change in our method of judicial selection, which by the way we elect every judge from my district of the way up to supreme court. what we did take note of is that being the formal system the state of west virginia in practice is effectively to systems. nearly 70% of our judges were appointed and then subsequently stood for election, but invariably ran unopposed. there by closely resembling the systems you see in states like missouri. appointment and retention.

however we did not have procedures for the vetting process for a committee to assist the governor in making the choice. the committee recommended that we do just that. codify the process for vetting candidates. with that. >> you work by it. just down your throat. our next speaker is rory schotland. anyway, he is a very distinguished professor at georgetown law school who has compiled statistics about the supreme court's ruling and whether so far it has been filled any of the dire warnings, here i'm talking about caperton, dire warnings posed and whether

they have been, so far, at least, which is a relatively short time, we have to acknowledge, whether caperton has ended up putting the state courts in a mess because of the recusal threat. professor. >> thank you. your opening sets up perfectly the key point about caperton which is this, the fundamental holding the judicial elections are different. one cannot conceive of the court holding. the legislature or executive would be barred from acting in x matter because the campaign supporter was involved. that is going to make a huge difference in the mitigation that has been occurring since 2002 republican party in minnesota decision with the

lower federal courts cost of the enlarging and extending the white decision. that already turned around, started turning around in the first case after caperton where an indian a federal judge who had given a preliminary injunction with all kinds of indications of an constitutionality finally get to the end of the case. in a 71 page opinion explained by why all of the provisions at issue were constitutional. i remember thinking at that time that though it was a very well-written 71 pages, it really could have been one word, caperton. the dissenters, as you may remember, made so much of the proposition, which is the oldest one in law against any new move in lock, there will be a flood of litigation. since the decision came down

there have been 31 citations looking at all federal courts and all state appellate courts. thirty-one citations and another six in which the opinion was discussed. to give you some sense of the cases, one was a sixth year running capital case in florida. this was the fifth time in the high court there. on page 47 of this brief they mention caperton. that is a good indicator. another, up in new york, someone who had previously submitted and failed with three recusal motion said i have cut another one. none of them had anything to do with the campaign support. contrast 37 citations with a case decided three weeks earlier with all of the dissenters in caperton in the majority there.

since that came down, how many citations to compare with 37? 4,852. >> and let me just interrupt you for us. there are a number of people who aren't here who want to know what it this. >> you are going to do that better than i am. >> no, i'm not. >> truly. >> set a new threshold for when out of court without their being further litigation. >> no way. third of all, how come the dissenters in caperton are the majority. they just read both wrong or the use any argument is to go wherever they want to go? your adulation is at least as good as mine on. two more points about caperton.

one is the implementation by state supreme court's has not exactly been speeding down the pike. we have some places where there are some peaks. we have two places in wisconsin and nevada which have not exactly, with what one might call a pro-caperton implantation. we have had other is gradually, as chief justice vanderbilt always said, judicial reform is not for the short-winded. this is taking quite a while. the biggest push that we ought to make in implementing caperton is for the states, and it is not a majority. what do i mean by good

procedure? at least in all lower courts a target judged that is targeting a motion of refusal should not decide her or himself that i am free of bias. it should go to some other judge. we have many states in which that is standard practice. the high courts are the real problem, and it looks as if most of them will not be willing to give up the current system of individual target justices making decisions whether she or he can sit. for that i suggest they borrow from the nfl, the ruling rule, which some of you may know, named after the then head of the pittsburgh steelers, one of the most revered men in football. he said that when a coach is being hired there has to be among the elite at least some of minority candidates. you just have to talk to them.

he just have to hear them. that is all. give them a chance. of course the steelers were already well along on that path, but the rule has been a great success. i'm suggesting that supreme court justices, even if they still are the one to make the decision ought to have to consult with somebody, and we could then work out with whom. i think the ruling will is the way to go. beyond what happens in the high court the big move we need to make, and this is not just to give any reality to caperton, but even more so because of citizens united. this is therefore more than judicial. we need better disclosure of funding sources of so-called independence spenders than we have. most states that do have any law on this, the law is an obsolete. it uses the magic words, trigger. at least since o'connell window

that you don't need to limit disclosure requirements. there are four pages from a massive california judicial council special report explaining what the problems of these obsolete laws is including california and what should be done about it. i have brought copies of that to. one thing that really needs moving a court rule only for judicial races. we need the old follow-up to citizens united. we need to move on disclosure. brandenburg put out a press release. today's ruling that is said does contain one important silver lining. states can and should fully disclose financial sources.

>> a perfect segue to bert brandenburg, the executive director of the nonpartisan group justice at stake. i have asked him to talk about the partisan feud that has erupted on state supreme courts over this issue. basically has caperton being implemented respectively anywhere? has it made things worse by making a more partisan argument on state supreme courts? what are the consequences of citizens united when you add that to the mix? >> thank you. good morning. thank you, georgetown. thank you, aspen, for the event. i will do my best to avoid any brutality with my remarks. i have been asked to tell the tale of two states and give a bit of an update on how caperton

is planning. michigan and wisconsin, which have most seriously taken up and debated what caperton means and what they should do about their own rules. i will start with wisconsin. the catalyst was after they had to record-breaking judicial alexian's. in the summer of 2008 the voters put a proposal before the court there asking the court to adopt a rule the justices be required to recuse themselves if they receive contributions over $1,000. as the court's deliberations and delayed. two other pieces came in. one from a wisconsin realtor should be no lawful contribution could be the sole basis for