X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Bar, campaign reform and citizens’ groups this week filed briefs urging the U.S. Supreme Court to hear a case challenging a West Virginia Supreme Court justice’s refusal to recuse himself from a case involving his chief campaign contributor. The American Bar Association, the Washington Appellate Lawyers Association and Public Citizen filed amicus briefs, along with the Brennan Center for Justice, the Reform Institute and the Campaign Legal Center. In Caperton v. Massey Coal, No. 08-22, the president of a coal company, represented by former Solicitor General Theodore B. Olson, argues that his due process rights were violated because West Virginia Supreme Court Justice Brent Benjamin refused to recuse himself from hearing the appeal of a $50 million jury verdict against a rival coal company. The rival’s chief executive officer contributed more than $3 million in direct and indirect support of Benjamin’s campaign for the bench. Benjamin ultimately was the deciding vote in overturning the verdict. The ABA and the other organizations urged the high court to grant review to address whether and when the due process clause of the Constitution requires judges to recuse themselves, or withdraw, from ruling in cases in which they have accepted campaign contributions from parties to a case. “This case perfectly illustrates how large contributions in judicial races can distort the judicial process, providing, at the very least, the appearance of corruption,” said Cecilia Martinez, executive director of the Reform Institute. “When litigants feel that they are at a disadvantage in court proceedings due to contributions to the presiding judge from the opposing party, respect for the rule of law suffers.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.