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Ethics

: Dispatches from the Culture Wars

Supreme Court: Money Can Force Judge Recusal

By Ed Brayton

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As anticipated by a Cooley Law School symposium in March, the Supreme Court has ruled in a landmark case on the question of whether judges must recuse themselves in cases where one of the parties has given major financial contributions to the judge's election campaigns. The court ruled 5-4 that a judge must recuse themselves from such a case. See the full ruling (PDF).

The case was Caperton v Massey, which deals with an energy company owner who spent $3 million to get a justice, Brent Benjamin, elected to the West Virginia Supreme Court. Once in office, the justice refused to recuse himself from hearing an appeal that was pending before the court involving the energy company, casting the deciding vote in favor of his campaign contributor.

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Full post as published by Dispatches from the Culture Wars on June 09, 2009 (boomark / email).

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