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Court: Elected Judges Can't Rule on Major Donors

Kennedy gives opinion in 5-4 decision

By the Associated Press

Posted Jun 8, 2009 10:26 AM CDT

(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 Making Law Work for Everyone, Friday, June 13, 2008.
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)
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COMMENTS
Showing 3 of 3 comments
kokuaguy
Jun 9, 2009 5:39 AM CDT
Grisham wrote a good book on this topic.
kokuaguy
Jun 8, 2009 9:10 AM CDT
And why are there 39 states that allow big donors to buy judges in elections where who spends the most money means everything?
RobN
Jun 8, 2009 3:30 AM CDT
Why does something that is so clearly common sense have to go all the way to the Supreme Court?

Copyright 2012 Newser, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.

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