Article: Elected judges under fire: new Supreme Court case expands grounds for judicial recusal.

Originally published June 9, 2009

On June 8, 2009, the U.S. Supreme Court issued its opinion in Caperton v. A.T. Massey Coal Co., No. 08-22 (2009). The long-awaited decision results from the refusal of West Virginia Supreme Court of Appeals Justice Brent Benjamin to recuse himself in a high-profile case. The case stems from the appeal of a $50 million fraud verdict against Massey Coal, which Justice Benjamin voted to reverse. While Massey was preparing the appeal, its CEO, Don Blankenship, spent $3 million supporting Justice Benjamin's 2004 campaign for a seat on the court. Although Caperton has been billed as a case about judicial campaign contributions, ...

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