Independence & Accountability
Courts can expect public support for their independence only if they are accountable for their conduct on and off the bench. The Brennan Center helps to educate the public about appropriate measures of judicial accountability and encourages judges to meet those standards. We also defend courts against unwarranted attacks on their independence and promote the proper balance between the judiciary and other branches of government.In the wake of the U.S. Supreme Court's 2002 decision in Republican Party of Minnesota v. White, the Center launched an effort to help states preserve effective canons of judicial conduct that balance free-speech rights of judges with the due-process rights of litigants and the interest in judicial independence. In particular, the Center supports more rigorous recusal requirements, especially when judicial campaign conduct or campaign finance throws the impartiality of judges into doubt.
The public often does not understand the difference between the judiciary and other branches of government. From time to time, we see efforts to constrain judges in ways that are inconsistent with their constitutional role or attempts to upset the balance of governmental power by stripping courts of the right to hear important categories of cases. Through legal analysis and public education, we help to combat these misguided initiatives.
Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia refused to recuse himself from the appeal of a $50 million jury verdict in this case, even though the CEO of the lead defendant spent $3 million supporting his campaign. Did Benjamin’s failure to recuse violate the Due Process Clause?
NAACP LDF’s Payton Weaves together Racial History and Judging at Brennan Center Panel
At a Brennan Center panel discussion held last Monday, NAACP LDF’s John Payton reminded us of the historical and racial context of the current Supreme Court pick ...
Impartiality Still an Issue After WV Judge’s Riviera Scandal
It takes a lot for a sitting Supreme Court justice to lose an election, but Elliot Maynard managed....
Certain American values transcend partisan divisions. One is that money should not influence the courts. But with record sums pouring into judicial elections, the ideal of due process is giving way to a perception of pay-to-play justice…
Illustrations by Risko
Supreme Court Reverses Decision in Caperton v. Massey
Major victory for the Rule of Law and Due Process with Supreme Court’s 5–4 vote.
Jurists, Business Leaders, Reform Groups Join “Justice for Sale” Case
High Court urged to require West Virginia judge’s recusal in suit involving campaign support.
Cert Granted in WV Coal Mine Case
Supreme Court to weigh in on money in the courtroom; grants cert in judicial elections case.
Letter and Questionnaire from Indiana Right to Life to Judicial Retention Candidate
Indiana sends letter and questionnaire to Indiana Supreme Court Chief Justice up for retention election.
W. Virginia Supreme Court Justice Larry Starcher - February 15, 2008 Recusal Order
11-page order describing Justice Starcher’s decision to recuse himself from participating in any more proceedings involving Massey Energy Co.
Selected Press and Commentary on Caperton v. Massey
Stories covering the West Virginia case.
Dancin’ With Them What Brung Ya: Electing Appellate Judges
Donald R. Lundberg, Executive Secretary Indiana Supreme Court Disciplinary Commission, addresses a proposal before Indiana’s General Assembly to elect its appellate judges.
Experience in Other States | Supreme Court Recusal Litigation
James Sample speaking at the University of Washington School of Law on state Supreme Court elections.