Litigation

New legislation requiring judicial recusal due to campaign contributions.

By National Center for State Courts

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The U.S. Supreme Court heard oral argument on the question of state judicial recusal requirements in Caperton v. Massey earlier this month. At issue, whether campaign contributions or expenditures on behalf of a judicial candidate are sufficient to mandate as a matter of due process a judge or justice recuse from a case. While the parties and others are awaiting a decision, state legislatures have been actively crafting their own proposals to address the issue.

2007/2008

Georgia’s HB 97 of 2007 would have required recusal where the judge’s campaign received $500 from one of the parties or their counsel. The requirement could be waived with the consent of all the other parties to the case.

Montana’s HJR 43 of 2007 would have directed the Legislative Council assess whether the current processes for judicial recusal and disqualification were correctly written and functioning and whether judicial candidates should be subject to the state’s Canons of Judicial Ethics. (more…)

Full post as published by The Gavel on March 19, 2009 (boomark / email).