Abstract

http://ssrn.com/abstract=2203215
 
 

References (29)



 
 

Footnotes (41)



 


 



Judicial Impartiality, Campaign Contributions, and Recusals: Results from a National Survey


James L. Gibson


Washington University in Saint Louis - Department of Political Science

Gregory Caldeira


Ohio State University (OSU) - Department of Political Science

March 2013

Journal of Empirical Legal Studies, Vol. 10, Issue 1, pp. 76-103, 2013

Abstract:     
Legal scholars have of late become quite worried about how citizens form their impressions of the fairness of courts. This concern reflects the changing environments of courts, especially elected state courts, and what might generally be termed the politicization of the judiciary. The purpose of this article is to assess the effectiveness of judicial recusals at rehabilitating a court/judge tainted by perceived conflicts of interest associated with campaign activities by litigants. Based on an experimental design embedded in a nationally representative sample, our data first confirm that direct campaign contributions undermine perceptions of fairness; but, unexpectedly, so, too, does independent support for the candidate. Most important, recusal does indeed restore some perceived fairness; unfortunately, the repair to public perceptions is not to the level enjoyed when no conflict of interest exists. In a post‐Citizens United world, these findings therefore point to significant threats to the legitimacy of elected state courts.

Number of Pages in PDF File: 28

Accepted Paper Series





Date posted: January 19, 2013  

Suggested Citation

Gibson, James L. and Caldeira, Gregory, Judicial Impartiality, Campaign Contributions, and Recusals: Results from a National Survey (March 2013). Journal of Empirical Legal Studies, Vol. 10, Issue 1, pp. 76-103, 2013. Available at SSRN: http://ssrn.com/abstract=2203215 or http://dx.doi.org/10.1111/jels.12003

Contact Information

James L. Gibson (Contact Author)
Washington University in Saint Louis - Department of Political Science ( email )
One Brookings Drive
St. Louis, MO 63130
United States
Gregory A. Caldeira
Ohio State University (OSU) - Department of Political Science ( email )
2140 Derby Hall 154 North Oval Mall
Columbus, OH 43210-1373
United States
614-292-2880 (Phone)
614-292-1146 (Fax)
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