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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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