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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 later justice – Brent D. Benjamin, who twice cast the deciding vote to overturn a verdict in Harman’s favor.

In a landmark decision on Harmon’s appeal, the United States Supreme Court ruled that Justice Benjamin’s refusal to recuse himself from a case involving such a significant campaign donor violated Hugh Caperton’s 14th Amendment right to due process.

Last week, Caperton spoke at a dinner held by Justice At Stake. He discussed his experience, and his belief in the importance of fair and impartial courts. “The 14th amendment to the Constitution grants every citizen the right to due process of the law … a fair trial in a fair tribunal,” Caperton said. “It doesn’t say some citizens, or citizens with lots of money, or citizens who support special interest groups that are spending millions on judicial elections. … It says every citizen.” You can read the entire text of his speech at Gavel Grab.

The fact that the United States Supreme Court has decided to hear Caperton v. Massey — the West Virginia case involving campaign contributors and recusal of judges — is of course big news to lawyers and judges.  But it’s also important to members of the public who come to the courts to settle disputes.  Here’s what Hugh Caperton, plaintiff in the case, told The Charleston Gazette about the issue of campaign contributions:

“In this country, money has begun to pervade and permeate every election that’s held. And I agree that it’s the right of each citizen to support their candidate. But you can’t have Supreme Court seats being propped up by millions of dollars from one individual or group,” he said. “It makes the appearance of impropriety so great that normal citizens like myself lose faith in the judicial system.”

Our justice system is based on the public’s trust and confidence that the judges will follow the law and apply it to the facts presented.  When people worry that campaign contributions might influence a judge’s decisions, that confidence is undermined.  We can’t afford that.