Monday, February 23, 2009

Can Illinois Supreme Court Justices Take Campaign Contributions and Be Objective in Front of Lawyers Making Donations?

The Chicago Daily Observer reports:
In West Virginia , a state supreme court justice overturned a $50-million damage award against somebody who had given big bucks to his election campaign.

In Illinois , four state supreme court justices have refused to recuse themselves from a case against some people who have given them campaign cash.

On March 3, the U.S. Supreme Court is scheduled to hear arguments in the West Virginia case. Under a writ of certiorari, the Illinois case is likely to be joined with it.

The result might be a landmark ruling even more important than the 1990 decision in Rutan v. Republican Party of Illinois. That was the case that destroyed the political power of Big Jim Thompson and ended political patronage in Illinois for all time. Heh heh heh.

No, seriously, the present case, Caperton v. Massey Coal, could force judges to step down in cases that involve their major campaign contributors. In Illinois , would any judge be left to hear any case?

In 2004, the CEO of Massey spent $3 million to help elect Brent D. Benjamin to the West Virginia supreme court. Benjamin then cast the swing vote that threw out a $50 million jury verdict against Massey. The plaintiff, Caperton, argues that he was denied due process because of Benjamin’s apparent conflict of interest.
You'll want to read this one.