Skip to: Content
Skip to: Site Navigation
Skip to: Search

MONDAY, NOVEMBER 23, 2009
| Subscribe to Newser's RSS feeds RSS | Follow Newser on Twitter Twitter


5

Court: Elected Judges Can't Rule on Major Donors

Kennedy gives opinion in 5-4 decision

Share

(AP) – The Supreme Court ruled today that elected judges must recuse themselves from cases when large campaign contributions from interested parties create the appearance of bias. By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against his most generous campaign supporter deprived the other side of the constitutional right to a fair trial.

“Not every campaign contribution by a litigant or attorney creates a probability of bias that requires a judge's recusal, but this is an exceptional case," Justice Anthony Kennedy said in his opinion for the court. With multimillion-dollar judicial election campaigns on the rise, the court's decision today could have widespread significance. Judges are elected in 39 states and candidates for the highest state courts have raised more than $168 million since 2000, analysts found.

Members of the U.S. Supreme Court sit for a group portrait at the Supreme Court in Washington in this March 3, 2006 file photo.
Members of the U.S. Supreme Court sit for a group portrait at the Supreme Court in Washington in this March 3, 2006 file photo.   (AP Photo/J. Scott Applewhite, File)
Supreme Court Justice Anthony Kennedy arrives for a roundtable discussion titled
Supreme Court Justice Anthony Kennedy arrives for a roundtable discussion titled "Making Law Work for Everyone", Friday, June 13, 2008.   (AP Photo/Charles Dharapak)
In this June 13, 2008 file photo, Supreme Court Justice Anthony Kennedy speaks at the Organization of American States in Washington.
In this June 13, 2008 file photo, Supreme Court Justice Anthony Kennedy speaks at the Organization of American States in Washington.   (AP Photo/Charles Dharapak, File)
« Prev« Prev | Next »Next » Slideshow
5 comments
VIEWING:
 
RobN
Jun 8, 09 10:30 AM CDT
Why does something that is so clearly common sense have to go all the way to the Supreme Court? Reply
Vote up! Vote down!
+3
IN RESPONSE:
anchower
Jun 8, 09 3:17 PM CDT
And why is the vote 5-4?
Vote up! Vote down!
+3
kokuaguy
Jun 8, 09 4:10 PM CDT
And why are there 39 states that allow big donors to buy judges in elections where who spends the most money means everything? Reply
Vote up! Vote down!
-1
TerrifiedCitizen
Jun 8, 09 9:51 PM CDT
Any contribution from any source can find its way around the grid and claim to be from a neutral interest; that's how it's been done for ions. Reply
Vote up! Vote down!
0
kokuaguy
Jun 9, 09 12:39 AM CDT
Grisham wrote a good book on this topic. Reply
Vote up! Vote down!
-1
LEAVE A
COMMENT
Comment Policy
Facebook ConnectPost this comment to Facebook?

After connecting you will have the option to post your comment on your Facebook profile.

 

Copyright 2009 Newser, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.