There's nothing fair about FairPAC's ads attacking Justice Jim Johnson

THE TV ad attacking Justice Jim Johnson is doing a very unfair thing to a justice of the Washington Supreme Court and to the voters. That it is paid for by something called "FairPAC" adds a jab of nastiness.

The ad accuses Johnson of being "in the pocket of big corporations." It does not say which corporations because it cannot. This year, no donors are allowed to give more than $1,600, and Johnson is not in the pocket of any of them.

FairPAC pays for its own ads and is not bound in this case by the limitations on donors. In 2006, it spent $848,000 and ran a campaign of nasty ads against attorney John Groen, who was challenging Chief Justice Gerry Alexander. FairPAC did this in retaliation to the Building Industry Association of Washington, which had run nasty ads against Alexander.

"We're not going to sit on the sidelines while the BIAW and its allies try to buy another seat on the Supreme Court," said FairPAC's spokeswoman at the time.

Who is trying to buy a seat now? It is FairPAC, funded by the Service Employees International Union, the Washington Education Association and other labor and trial-lawyer groups active in Washington politics.

FairPAC has raised $346,000, almost all in chunks far larger than $1,600, and already has dropped $255,000 in the effort to smear Johnson.

Justice Alexander defends Johnson as a man "of high ethical standards and excellent legal work." Alexander adds, "He is far better qualified to serve on the state Supreme Court than his opponent."

In 2006, FairPAC's attacks on Groen may have saved Alexander his seat. But Alexander, who is not bought and paid for either, has no kind words for FairPAC now.

"These ads are unfair and an attack against judicial independence," the former chief justice says.

Several cases at the court have been or are being brought by the sponsors of FairPAC. That is their right. It is also their right to buy their own ads and skirt the $1,600 limit on donors to campaigns.

It is even their right to lie about their opponent's record, thanks to a Washington Supreme Court ruling in which Justice Jim Johnson concurred: Government cannot police political advertising.

But the rest of us can tune them out — and vote for Justice Jim Johnson.