Legal Commentary

Supreme Court Rules Judge Must Recuse Himself

By Jeralyn

In yet another 5-4 split opinion, the Supreme Court today ruled a judge must recuse himself from a case "when large campaign contributions from interested parties create the appearance of bias."

"Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause," Justice Anthony Kennedy said for the court.

...."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," Kennedy said.

The opinion is here (pdf). The dissenters: Roberts, Alito, Scalia and Thomas. What a difference one judge can make.

Full post as published by TalkLeft on June 08, 2009 (boomark / email).