Litigation

Caperton Inspires Call for End to Pa. Elections

By Lissette Villarruel

As Pennsylvania gets ready for a state Supreme Court election in November 2009, a Scranton Times-Tribune editorial has cited the Caperton v. Massey case, and the West Virginia election that led to it, as a reason that  ?Pennsylvania should switch to a system of merit selection appointments for appellate judges.?

With the cost of state judicial elections rising (nearly $9.5 million in 2007, according to the National Institute on Money in State Politics), and six statewide Supreme Court and appellate seats on the ballot, Caperton serves as a ?cautionary tale,? the editorial said. The case, described in numerous Gavel Grab postings, involves a West Virginia justice who refused to recuse himself from a case involviing a coal executive who spent $3 million to elect him.

The editorial added:

“For courts to be effective, citizens must believe that judges truly are independent. Funding appellate campaigns through private contributions, from parties with inherent interests in litigation, works against establishing and sustaining confidence.?

For more information on efforts to advocate merit selection in Pennsylvania, see Pennsylvanians for Modern Courts. For more on Caperton v. Massey, see the Brennan Center for Justice Caperton resource page.

Update: In another development involving Caperton v. Massey, an Associated Press article reports that Justice Brent D. Benjamin will hear another appeal involving Massey Energy Corp. The West Virginia Supreme Court will hear arguments in April on a lower-court decision that allows the company to build a silo near a local elementary school. 

Full post as published by The Gavel on January 27, 2009 (boomark / email).