Former Gov. Pete Wilson believes the California state constitution should be amended to both spare judicial candidates from responding to political groups' candidate questionnaires and urge would-be judges to keep their legal views out of politics.

Wilson's novel proposal for a ballot measure "to depoliticize the administration of justice in our state courts" stirred the conversation today at a Sacramento forum for Judicial Council of California.

The group's Commission for Impartial Courts is examining whether political contributions and an increasing campaign role by advocacy groups can undermine an independent judiciary. The issue has been ignited by a proliferation of attack ads against judges in other states and a resulting increase in fundraising by judicial candidates - leaving them open to charges of political bias that could influence rulings from the bench.

Wilson, who joined former Gov. Gray Davis in addressing the panel, urged the Legislature place to an initiative on ballot to force groups seeking to elicit views of candidates for judgeships to stamp their questionnaires with a disclaimer. It would read:

"Judicial candidates are urged by...the constitution of the state of California to consciously forebear from exercising their right of free speech by refraining to answer any question...which seeks to elicit their views."

The proposed wording goes on to say that judges who respond to such political inquiries risk undermining "the fairness and impartiality of the courts of this state" and that their response could cause them from being recused from legal cases.

Appearing at the same forum, Loyola Law School professor Laurie Levenson said Wilson's proposal may conflict with First Amendment rights of freedom of speech. But she said the former governor is tapping into increasing concerns over the role of interest groups seeking to influence the make-up a judiciary that is supposed to be impartial.

"I don't like going around and constantly changing the (state) constitution," Levenson said. "But I don't like that every judge is being asked to fill out these special interest questionnaires."

Levenson warned that California judges and judicial candidates will be increasingly subjected to political attacks but could risk their appearance of impartiality on the bench if they respond.

In 2005, Sacramento Judge Loren McMaster was targeted in an unsuccessful recall over his ruling upholding California's domestic partnership law. Levenson said members of the state Supreme Court who recently ruled in favor of legalizing gay marriage may face a surge of independent attack ads - particularly if voters don't reinstate a gay marriage ban in November.

"Outside groups are going to pour money into California," she said in an interview. "If they don't win in November, they're going to attack the court."

Voters confirm state Supreme Court justices in the next general election after they are appointed by the governor, and the justices come before voters again at the end of their 12-year terms.