SCOTUS: Elected judges must step aside

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Elected judges must recuse themselves in cases where large campaign contributions from interested parties create an appearance of bias, the nation's highest court ruled today.

In a landmark decision that has been highly anticipated from the bench and bar, the Supreme Court of the United States issued its split decision today in Hugh M. Caperton, et al. v. A.T. Massey Coal Co., Inc., No. 08-22, which asked justices to reverse a $50 million verdict in favor of a coal-mining executive who'd contributed millions to an elected West Virginia Supreme Court justice's 2004 campaign.

With a 5-4 vote, the majority said that a judge who refused to recuse himself in a lawsuit filed against the company of the most generous supporter of his election deprived the other side of the constitutional right to a fair trial.

Caperton and other plaintiffs had accused major coal-mining company Massey Energy of breaking a coal-supply contract and driving them out of business. The trial court awarded Caperton $50 million, but then the state's Supreme Court twice reversed that jury award by 3-2 votes, which sparked the judicial ethics issue.

The company's chief executive, Don Blankenship, spent more than $3 million to help elect Justice Brent D. Benjamin to the state's Supreme Court of Appeals and defeat his incumbent opponent. That was more than 60 percent of the total spent on the judicial campaign, paid while Blankenship's company was preparing to appeal the verdict. On appeal, Justice Benjamin was the deciding vote in two 3-2 majorities to throw out the verdict against Massey after refusing to recuse himself from the case.

Since then, he's risen to the spot of chief justice of that court.

In urging the SCOTUS not to hear the case, Massey's lawyers said the 14th Amendment's Due Process Clause requires only the absence of an actual judicial conflict of interest, as when a judge has a stake in the outcome of a case. The company argued that the court had never adopted a "'looks bad' due process test" and therefore the verdict should stand because Justice Benjamin wasn't required to recuse himself.

However, that argument didn't persuade a majority of justices who found this case to be extraordinary and required the justice to step aside.

"Not every campaign contribution by a litigant or attorney creates a probability of bias that requires a judge's recusal, but this is an exceptional case," Justice Anthony Kennedy said in his opinion for the majority, reversing and remanding the case to the West Virginia court. "On these extreme facts the probability of actual bias rises to an unconstitutional level."

Relying on precedent that delved into how the Due Process Clause requires recusal in certain cases, justices also turned to the American Bar Association's model judicial conduct code that states, "A judge shall avoid impropriety and the appearance of impropriety." States are allowed to go further than the Due Process Clause in setting their own rules, and this case shows that the Constitution tests only the "outer boundaries of judicial disqualifications" and most won't reach this level, the majority determined.

Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter, and John Paul Stevens joined Justice Kennedy, while Chief Justice John Roberts wrote a dissent joined by Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

"Unlike the established grounds for disqualification, a 'probability of bias' cannot be defined in any limited way," the chief justice wrote. "The end result will do far more to erode public confidence in judicial impartiality than an isolated failure to recuse in a particular case."

This ruling is expected to have widespread influence throughout the country, including in places like Indiana that are grappling with the debate about whether judicial elections or a merit-selection and retention system are better methods in choosing who's on the bench.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.