judgesonmerit.org

This past weekend, the Pittsburgh Post-Gazette article addressed the concerns about the effect of large  contributions to judicial campaigns and the public perception that justice is for sale.  The context was the ongoing case involving West Virginina judicial elections, Caperton v. Massey,

The case, which we have covered before, revolves around whether the Due Process Clause of the Fourteenth Amendment was violated by a judge’s refusal to recuse himself from a case involving a major campaign contributor.  It illustrates the problems with the recusal system, which relies on judges to voluntarily step aside when their impartiality might reasonably be questioned.  Different judges interpret the recusal guidelines differently: some feel that only evidence of bias should disqualify a judge, while others believe that “the mere appearance of impropriety, regardless of whether it is supported by fact, can compromise the public confidence in the courts.”  (Gavel Grab has more about recusal and Caperton v. Massey.)

The article offers a thorough history of the case, a survey of how much it costs to run a judicial campaign in various states and a primer on past recusal cases.  Explaining that the parties are waiting to hear whether the United States Supreme Court will take the case, the article quotes Mr. Fawcett, the lawyer representing Mr. Caperton: “As soon as people start to think there’s a possibility justices can be affected by campaign contributions, quickly you’re at a point where the pillars of the system can collapse.”

We will be watching the case and keeping you posted on its status.  But this is another good reminder of what electing appellate judges in expensive partisan campaigns just doesn’t make sense.

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