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Ethics
: Dispatches from the Culture WarsSupreme Court: Money Can Force Judge Recusal
By Ed Brayton
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.
Read the rest of this post... | Read the comments on this post...Full post as published by Dispatches from the Culture Wars on June 09, 2009 (boomark / email).
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