Monday, March 2, 2009

"Case May Define When a Judge Must Recuse Self"

How about this scenario; the judge is a relative of the alleged suspect in a drugs and guns arraignment. Is recusal necessary? What if that scenario comes up often?

In my view judges should not be a part of any election. I believe that the election of judges is an open invitation for the corrupting influence of organized crime and unscrupulous business practice.

Appointment, instead of election, of common pleas judges could come with the blessing of the Bar Association and something like the Judicial Review Board.

Magisterial judges are of the people and not of the law profession. It gets more complicated to appoint instead of elect magisterial judges. However the magisterial judges are the first step and sometimes a crucial first step in the criminal justice system. I believe that steps should be taken to minimize the intrusion of corrupting influences into our justice system.

The case below has international press attention and scrutiny. On a local level the judiciary may attract no reporters and may never come to the public’s attention.
Jim

"Case May Define When a Judge Must Recuse Self
W.Va. Justice Ruled for a Man Who Spent Millions to Elect Him

By Robert Barnes
Washington Post Staff Writer
Monday, March 2, 2009; A01

BECKLEY, W.Va. -- Hugh Caperton was born into the coal business, but for more than a decade he has spent more time in a courthouse than in a mine. The complex, intrigue-filled legal tale he will present to the Supreme Court this week was literally enough to spawn a suspense novel, but it boils down to this:
Caperton and his little coal company sued a huge coal company on claims that it unlawfully drove him out of business, and a jury agreed, awarding him $50 million.
That company's chief executive vowed an appeal to the West Virginia Supreme Court -- but first, he spent an unprecedented $3 million to persuade voters to get rid of a justice he didn't like and elect one he did."

MORE AT:
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/01/AR2009030102265.html?hpid=topnews

No comments:

Post a Comment

You can add your voice to this blog by posting a comment.