Litigation

Editorial Calls for Recusal in Caperton

By Lissette Villarruel

As the nation awaits a decision on Caperton v. Massey, a Boston Globe editorial is calling for the U.S. Supreme Court to ?slow a dismaying trend toward the auctioning off of judgeships by deep-pocketed special interests.?

Although Massachusetts practices gubernatorial appointments, 39 states elect their judges in ?campaigns that are as bare-knuckled and richly financed as any political seat.? This system raises questions about the impartiality of judges who were financially supported by special interest groups.

Caperton is a prime example: a coal company CEO spent $3 million to help elect a West Virginia Supreme Court justice who later overturned a $50 million lawsuit against the company. The Court must now decide whether the justice?s actions created an unconstitutional ??appearance of bias.??

As the editorial argues, ?If the justices condone this travesty, they will be letting the well-heeled place their ingots of gold on justice’s scale.?

The U.S. Supreme Court is expected to reach a decision by the summer.

For more information regarding Caperton v. Massey, you can visit the Justice at Stake Caperton resource site.

Full post as published by The Gavel on March 26, 2009 (boomark / email).