Litigation

JAS Cited in Report on MI Justices and Recusal

By Peter Hardin

An article delving into the recusal views of two sitting Michigan Supreme Court justices also relies on Justice at Stake for data on past Michigan election spending.

The article in Michigan Messenger reports that Justices Robert Young Jr. and Maura Corrigan participated in an amicus brief filed in the landmark Caperton v. Massey case. They and some other current and former justices sided with Massey Energy and opposed rules that would disqualify judges from hearing cases involving major campaign donors.

Justice Young, who is up for reelection, likely will gain from business groups pumping millions of dollars into advertising, the article said. When Michigan’s Supreme Court toughened disqualification standards last year, Justices Young and Corrigan voted in opposition.

Examining the growth of independent political spending, the article used data from Justice at Stake to report that five candidates for the high court raised more than $1.6 million in 2004, compared to independent groups spending $1.8 million on TV ads. Justice Corrigan got more TV ad support from third party groups in 2006 than she raised for her campaign, the article added.

Caperton involved a coal executive’s spending $3 million in 2004 to help elect a state Supreme Court justice. His coal company, Massey, went on to benefit from two critical votes by the justice to overturn a massive jury award against it.

In a defeat for Massey, the U.S. Supreme Court last year required the West Virginia justice to disqualify himself  and pointed out the “serious, objective risk of actual bias” arising from such a large campaign expenditure. Learn more about Caperton from Gavel Grab.

Full post as published by The Gavel on May 27, 2010 (boomark / email).