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November 16, 2008
The American elected judiciary: continung sleaze-rube-no class news.
U.S. Supreme Court grants cert. in Harman Mining-Massey Energy state judge campaign contribution case; but it's not just a West Virgina thing. In the 1980s and 1990s, I frequently defended "Big Coal" (often on ERISA withdrawal liability matters), and for some fine West Virginia-based clients, which I admired and fought hard for. Unions were usually the plaintiffs. My firm was lucky to stay out of state courts in West Virgina and Pennsylvania, and always could work in federal courts, usually in D.C. where, frankly, the judges are better, and classier, than any court pocket I've practiced in. D.C. federal judges "get it", and the law is important to them. Even the D.C. Superior Court judges are appointed on the basis of merit--by the U.S. President--and that more local, "state-like" system works, too.
Sadly, elected state court judges--just acting like humans will eventually act in flawed and medieval systems--is a big topic here at What About Clients? Even good elected judges are bad for good clients. But few believe that American states will abolish any time soon judicial systems which popularly elect judges (a majority of states do this)--or even act a little embarrassed every now and then about this widespread practice. Optimistic WAC? is pessimistic about abolishing elected-judges systems. But there is hope. See at Bloomberg Judicial Campaign Contributions Get U.S. Supreme Court Hearing. Excerpt: "The Supreme Court has never found that the Constitution's due process clause requires recusal because of the appearance created by a judge's campaign contributions."
Posted by JD Hull at November 16, 2008 09:06 PM