Supreme Court mulls judicial bias

WASHINGTON -- As the Supreme Court heard an important case about judicial independence Tuesday, justices appeared open to crafting a rule that could lead elected state judges to disqualify themselves from disputes involving big donors.

"The system that we have depended on up to this point is not working very well," Justice David Souter said.

Justice Ruth Bader Ginsburg referred to the dramatic rise in campaign contributions for state judicial elections and concerns about the possible taint of big money on rulings and said, "We have … millions of dollars spent. That's the context in which this case arises."

Justice Anthony Kennedy, typically a key vote when the court is divided, suggested by his questions that he was open to a new, yet narrow, rule that would require disqualification in some cases. "Our whole system is designed to ensure confidence in our judgments," he said.

Tuesday's dispute centered on A.T. Massey Coal, whose CEO, Donald Blankenship, contributed $3 million to help elect a West Virginia Supreme Court justice, Brent Benjamin, in 2004. Benjamin later cast a crucial vote that overturned a $50 million verdict in a fraud lawsuit Massey had lost to Hugh Caperton, owner of a rival coal company.

The arguments drew a packed courtroom. Among the spectators was retired justice Sandra Day O'Connor, who has spoken about the dangers of big campaign contributions to judicial independence.

The specific question is whether a judge's failure to disqualify himself from a case involving his principal supporter violates constitutional due process of law.

Lawyer Theodore Olson, representing Caperton, said the money Blankenship spent — 60% of all contributions in the race — created an "objective" probability that Benjamin would be biased toward the Massey coal company.

"The circumstance in this case involves the appearance of judges being bought," Olson said. He noted that the Conference of Chief Justices, the national organization of top state judges, has asked the Supreme Court to set new standards for when judges should disqualify from a dispute.