NEWS RELEASE
www.ncsconline.org

CCJ Urges High Court to Clarify Judicial Recusal Rules
in Cases Involving Campaign Supporters

Williamsburg, VA (January 7, 2009) – The Conference of Chief Justices (CCJ) — the national organization that represents the top judges of the 50 states and U.S. territories — has filed an amicus brief with the U.S. Supreme Court urging it to clarify the conditions under which the Constitution’s due process clause should prevent a state judge from presiding over a matter involving a major campaign contributor.  The brief does not support either party to the case.

The brief, which was submitted in regard to Caperton v. A.T. Massey Coal Company, No. 08-22, also asks the Court to articulate the relevant factors — including the amount, timing, and effectiveness of the campaign contribution — in determining whether a judge is constitutionally disqualified from sitting on a case.
                
“The Conference of Chief Justices seeks to ensure that our court systems give, and are seen as giving, a fair and impartial hearing to everyone who comes before them,” said CCJ President Margaret H. Marshall, Chief Justice of Massachusetts. “It is imperative that the public has confidence in the integrity of the nation’s elected judges, which is why clear guidance from the U.S. Supreme Court is so imperative.”   

The U.S. Supreme Court agreed last November to decide whether a justice on the West Virginia Supreme Court of Appeals is required by the Constitution to recuse himself from a case involving the financial interests of a campaign supporter.  The Supreme Court is scheduled to hear arguments in the case on March 3.

The brief was unanimously authorized by the CCJ Board of Directors and does not advocate for a particular party in the case. In order to assist the Court with Caperton v. A.T. Massey Coal Company, the brief examines such issues as how judges are chosen in the U.S., how judicial campaigns are funded, and the increasing importance of recusal.

A copy of the brief is available on the National Center for State Courts website here:
http://www.ncsconline.org/D_Comm/PressRelease/2008/CCJ-Caperton.pdf

The Conference of Chief Justices is a national organization that represents the top judges of the 50 states and U.S. territories. It was founded in 1949 and promotes the interests and effectiveness of state judicial systems through its focus on current legal issues, judicial administration, and development of policies and educational programs designed to improve court system operations. CCJ is the primary representative of the state courts before Congress and the federal executive agencies.

The National Center for State Courts, headquartered in Williamsburg, Va., is a nonprofit organization dedicated to improving the administration of justice by providing leadership and service to the state courts. The NCSC provides leadership, research, education, and technology services to state courts and courts around the world. It also has offices in Arlington, Va.; Denver, Colo.; and Washington, D.C.  

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National Center for State Courts, 300 Newport Avenue, Williamsburg, VA  23185-4147