Litigation

Two Years after Caperton, ?Promise?Unfulfilled?

By Peter Hardin

The Supreme Court’s landmark Caperton v. Massey decision two years ago sparked nationwide attention and calls for states to reform their disqualification rules, but overall progress has been minor.

That’s the conclusion of a report by the Brennan Center for Justice, a Justice at Stake Partner, entitled, “Two Years after Caperton, Small Steps Forward, Many More Strides Needed.”

In  Caperton, the Supreme Court declared that campaign spending can damage a litigant?s right to a fair trial. It required a West Virginia Supreme Court justice to disqualify himself from an appeal involving a major campaign benefactor. (Photo shows Hugh Caperton.)

The Brennan Center report concluded:

“[W]hile a handful of states have adopted promising new rules, the majority of state courts have failed to adopt any reforms that respond to the threats identified in Caperton …. Unfortunately…in the two years since the Supreme Court heard Caperton, the promise of the decision and its broad support remains unfulfilled.”

The report also said that the American Bar Association called for new disqualification standards but has not issued them yet. That organization tabled recently an effort to urge states to tighten their disqualification rules. The tabling goes at least until the ABA’s annual meeting in August.

The following states have adopted rules regarding campaign cash in judicial elections:Arizona, Iowa, Michigan, Missouri, New York, Oklahoma, Utah, and Washington. “Promising” rules have been proposed in Georgia and Tennessee, the Brennan report said.

To learn more about Caperton, check out Justice at Stake’s resource page about the case or amicus brief submitted to the U.S. Supreme Court.

Full post as published by The Gavel on March 05, 2011 (boomark / email).