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http://ssrn.com/abstract=1568464
 
 

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Caperton’s New Right to Independence in Judges


Gerard J. Clark


Suffolk University Law School

March 10, 2010

Drake Law Review, Vol. 58, p. 661, 2010
Suffolk University Law School Research Paper No. 10-14

Abstract:     
In the Caperton case (2009) the USSC applied the Due Process Clause to reverse the refusal of a West Virginia Supreme Court judge to recuse himself is spite of having received $3,000,000 in campaign contributions from a defendant. The judge then cast the deciding vote to reverse a jury award of $50,000,000 in damages for driving the plaintiff out of business. The article reviews the common law origins of conflict of interest law, and summarizes procedural due process. It describes procedures for examining judicial ethics including statutory sanctions, judicial conduct commissions and recusal. It reviews in detail the opinions of the WVSCA and critiques them. It gives an overview of judicial elections as well as the First Amendment principles involved in campaign regulation and financing. It endorses the ABA proposals passed in the August, 2009 in response to the case.

Number of Pages in PDF File: 48

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Date posted: March 15, 2010 ; Last revised: August 28, 2010

Suggested Citation

Clark, Gerard J., Caperton’s New Right to Independence in Judges (March 10, 2010). Drake Law Review, Vol. 58, p. 661, 2010; Suffolk University Law School Research Paper No. 10-14. Available at SSRN: http://ssrn.com/abstract=1568464

Contact Information

Gerard J. Clark (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8583 (Phone)
617-723-5872 (Fax)
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