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: court-o-rama.orgObjective Risk in West Virginia
By Anne Skove, Esq.
Today the SCOTUS opined that West Virginia Supreme Court Justice Brent Benjamin should have recused himself from a case in which a conflict of interest existed.
Objective risk
of bias is the standard by which judges must recuse themselves. Now that this point has been clarified, will we see more recusals? New procedures by which judges may recuse themselves? Less corruption? More respect for jurors' decisions?
The means by which a jurisdiction selects its judges is less important than the way it handles ethics issues.
See High Court: Judge Should Have Dropped Case Involving Donor, Joan Biskupic, USA Today (June 8, 2009), and Court Orders Judge Out of Case, Lyle Denniston, SCOTUSblog (June 8, 2009).
Full post as published by court-o-rama.org on June 08, 2009 (boomark / email).
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