Archive for the tag 'Caperton v. Massey'

Jun 28 2011

Stricter Recusal Standards Offer Only Part of the Answer

A recent editorial in West Virgina’s The Charleston Gazette implores the American Bar Association’s House of Delegates to consider model recusal standards at its session in August. West Virginia has been at the center of conversations about recusal reform since 2009’s Caperton v. Massey. After a trial decision in favor of Caperton, Massey contributed $3 […]

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Feb 07 2011

Judicial Campaign Spending and Due Process

Published by under Judges,Opinion

No one knows more about the dark side of judicial campaign spending than Hugh Caperton. Caperton was the president of Harman Coal Co., a West Virginia mining company that sued rival Massey Energy Co., alleging fraudulent business practices. The CEO of Massey donated $3 million to the state supreme court campaign of candidate – and […]

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Dec 21 2009

Merck Stays Out of Judicial Campaign Contribution Game

Published by under News

Some friends in the corporate world share our concerns about the role of money in judicial elections. Merck VP, Charles R. Grezlak, told the Center for Political Accountability, a nonprofit group working towards greater transparency in political spending, that the pharmaceutical company would no longer make donations to state supreme court candidates. Merck’s decision came […]

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Dec 01 2009

Fighting about Recusal Rules in Michigan

In the wake of the United States Supreme Court’s decision in Caperton v. Massey, many states decided to review their rules governing recusal.  Michigan  last week formally issued a new recusal rule that includes a provision empowering the entire Supreme Court to review and overrule the refusal of one of the justices to recuse. Our […]

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Sep 15 2009

Electing Judges is a Serious Problem

The AP’s report on a speech retired Justice Sandra Day O’Connor gave Monday at Seattle University Law School opens with this eye catcher: The first woman to serve on the U.S. Supreme Court says there’s a serious problem with the government in Washington and many other states: They elect their judges. O’Connor spoke at a […]

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Sep 10 2009

A Look at Caperton and Citizens United in Tandem

Published by under Judges,Opinion

Yesterday, the United States Supreme Court heard oral argument in Citizens United v. FEC. We reported earlier that we joined Justice At Stake and 18 partners in submitting an amici brief in the case, which focuses on restrictions on corporate contributions in elections.  Gavel Grab has extensive coverage of the argument here. Justice At Stake […]

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Aug 03 2009

Recusal Questions Continue in West Virginia

Not long ago we reported that there was another recusal petition involving a West Virginia judge in a case involving Massey Coal Company, the same company involved in Caperton v. Massey (the recusal case that went all the way to the U.S. Supreme Court).  Judge Michael Thornsbury now has refused to recuse himself from the […]

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Jun 08 2009

Merit Selection on the Agenda in Pennsylvania

In the wake of the judicial primary elections and on the same day the United States Supreme Court found that campaign contributions required a judge’s recusal, PMC and PMCAction are proud to announce that new legislation has been introduced into the Pennsylvania House and Senate to implement a Merit Selection system for the three statewide […]

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Jun 08 2009

U.S. Supreme Court: Campaign Contributions Will Sometimes Require Recusal

Published by under Judges,News

The United States Supreme Court today announced its decision in Caperton v. Massey, the West Virginia case asking whether the Due Process Clause requires judges to recuse in cases involving campaign contributors. The Court, in a five-four decision authored by Justice Kennedy, ruled that in some cases, circumstances — including the amount of the contribution, […]

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Mar 12 2009

Raising the Recusal Question in Texas

Published by under Judges,News

The Southeast Texas Record reports that a judge in Texas is being asked to recuse because of campaign contributions made to him by lawyers representing defendants in a toxic exposure case. During a recusal hearing before a different judge (following the original judge’s denial of the recusal motion), the plaintiffs argued: “We don’t think we […]

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