Litigation

Caperton Judge Decries Politics in Courts

By Charlie Hall

West Virginia Chief Justice Brent D. Benjamin, the judge at the center of the Caperton v. Massey recusal case, has told a TV program that “I don’t think that politics has any business in the administration of justice.”

As reported in a Legal Newsline article, Benjamin further told “Decision Makers,” a West Virginia television news show:

“Money and politics have been a problem, or have been perceived as a problem, since the very beginning… but certainly it is an issue that we need to address here. Obviously, we’re on hold right now.

“In my race, we had independent expenditure groups, groups that operate outside the candidates. The candidates have no control whatsoever about what these groups do or who they are. And sometimes for the candidates it is difficult because people perceive they do have some input when they don’t.”

Benjamin cast the deciding vote to overturn a $50 million judgment against Massey Energy Corp., after company CEO Don Blankenship spent $3 million on an independent campaign to elect Benjamin. On March 3, the U.S. Supreme Court will hear arguments on whether Benjamin had a constitutional obligation to recuse himself from the case.

Video of Benjamin’s interview can be seen by clicking here.

To learn more about Caperton v. Massey, see these earlier Gavel Grab postings, or visit the Brennan Center for Justice Caperton resource page.

Full post as published by The Gavel on January 24, 2009 (boomark / email).