U.S. high court: Judges must avoid appearance of bias

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U.S. high court: Judges must avoid appearance of bias

Post by ziggy on Mon Jun 08, 2009 8:40 am

WASHINGTON -- The Supreme Court ruled Monday that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias.

By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against the company of the most generous supporter of his election deprived the other side of the constitutional right to a fair trial.

"Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when -- without the consent of the other parties -- a man chooses the judge in his own cause,'' Justice Anthony Kennedy said for the court.

http://www.wvgazette.com/latest/200906080172

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Re: U.S. high court: Judges must avoid appearance of bias

Post by ziggy on Mon Jun 08, 2009 8:48 am

"It is an old cliche, but sometimes the cure is worse than the disease,'' Roberts said. He wrote that it is not clear that Blankenship's money even affected the outcome of the election.

"I would give the voters of West Virginia more credit than that,'' he said.


???????????????????????????????????????????????

What an idiot this Roberts guy must be ....................................

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Re: U.S. high court: Judges must avoid appearance of bias

Post by Aaron on Mon Jun 08, 2009 11:55 am

ziggy wrote:"Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when -- without the consent of the other parties -- a man chooses the judge in his own cause,'' Justice Anthony Kennedy said for the court.


Good. And I agree.

It's also nice to know that as a paid member of the WV Highlands Conservancy, Judge Robert Chambers will now be required by this decision to recuse himself from all cases filed by or involving that group, as it should be.

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Re: U.S. high court: Judges must avoid appearance of bias

Post by Aaron on Mon Jun 08, 2009 11:56 am

ziggy wrote:
"It is an old cliche, but sometimes the cure is worse than the disease,'' Roberts said. He wrote that it is not clear that Blankenship's money even affected the outcome of the election.

"I would give the voters of West Virginia more credit than that,'' he said.


???????????????????????????????????????????????

What an idiot this Roberts guy must be ....................................


The dissenters said the court's inability or unwillingness to lay out clear rules for when judges must step aside will provoke endless lawsuits aimed at forcing judges off cases.


"It is an old cliche, but sometimes the cure is worse than the disease,'' Roberts said. He wrote that it is not clear that Blankenship's money even affected the outcome of the election.


"I would give the voters of West Virginia more credit than that,'' he said.


Both Scalia and Roberts said that the ruling would end up undermining confidence in the judicial system, not enhancing it as the majority contended.same source


One doesn't get to be Chief Justice of the Supreme Court unless he knows what he's talking about.

And here he does. As there is no guideline for what constitutes when a judge must step aside, he's absolutely 100% correct.

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"The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance."

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Re: U.S. high court: Judges must avoid appearance of bias

Post by ziggy on Mon Jun 08, 2009 5:02 pm

Aaron wrote:
ziggy wrote:"Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when -- without the consent of the other parties -- a man chooses the judge in his own cause,'' Justice Anthony Kennedy said for the court.


Good. And I agree.

It's also nice to know that as a paid member of the WV Highlands Conservancy, Judge Robert Chambers will now be required by this decision to recuse himself from all cases filed by or involving that group, as it should be.


How much $$$$$ did the WV Highlands Conservancy put into a political campaign to elect Chambers and defeat his opponent?

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Re: U.S. high court: Judges must avoid appearance of bias

Post by ziggy on Mon Jun 08, 2009 5:38 pm

One doesn't get to be Chief Justice of the Supreme Court unless he knows what he's talking about.


Do you feel the same way about Harlan Stone, Earl Warren, and Fred Vinson?

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Re: U.S. high court: Judges must avoid appearance of bias

Post by SamCogar on Tue Jun 09, 2009 1:50 am

Tuesday June 9, 2009
West Virginians can't win for losing

Monday's ruling "will inevitably lead to an increase in allegations that judges are biased, however groundless those charges may be," he wrote.

Exactly. West Virginians who contribute to judicial campaigns - or who fund effective independent campaigns to change the makeup of the state Supreme Court - will establish grounds for the recusal of the candidates they support.

The resulting litigation will be endless. And expensive, too, creating a further disincentive for defendant corporations to risk their assets in West Virginia.

Poor West Virginians. The U.S. Supreme Court decided that if they spend enough to support an effective effort to affect their high court - how much money automatically creates bias could be litigated each time - anyone who is elected will be presumed guilty of bias if he or she hears cases.

West Virginians may support judicial candidates who can vastly affect their lives only if do so ineffectively.

Is that constitutional?

http://www.dailymail.com/Opinion/Editorials/200906080509




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Re: U.S. high court: Judges must avoid appearance of bias

Post by Aaron on Tue Jun 09, 2009 4:21 am

ziggy wrote:
Aaron wrote:
ziggy wrote:"Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when -- without the consent of the other parties -- a man chooses the judge in his own cause,'' Justice Anthony Kennedy said for the court.


Good. And I agree.

It's also nice to know that as a paid member of the WV Highlands Conservancy, Judge Robert Chambers will now be required by this decision to recuse himself from all cases filed by or involving that group, as it should be.


How much $$$$$ did the WV Highlands Conservancy put into a political campaign to elect Chambers and defeat his opponent?


He paid them to be a part of their organization. And as you pointed out and Justice Kennedy wrote in his opinoin, no man should judge his own cause.

That's EXACTLY what Judge Chambers has been doing and that's why so many of his rulings have been overturned by the 4th.

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"The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance."

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Re: U.S. high court: Judges must avoid appearance of bias

Post by Stephanie on Tue Jun 09, 2009 5:43 am

I agree with this ruling. Perhaps Justice Roberts should have studied WV political history before offering his opinion.

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Re: U.S. high court: Judges must avoid appearance of bias

Post by Aaron on Tue Jun 09, 2009 6:00 am

ziggy wrote:
One doesn't get to be Chief Justice of the Supreme Court unless he knows what he's talking about.


Do you feel the same way about Harlan Stone, Earl Warren, and Fred Vinson?


Go back, read Roberts ENTIRE quote, and then tell me why he's an idiot.

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"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."

Thomas Jefferson

"The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance."

Cicero, 55 BC

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Re: U.S. high court: Judges must avoid appearance of bias

Post by Aaron on Tue Jun 09, 2009 6:04 am

Stephanie wrote:I agree with this ruling. Perhaps Justice Roberts should have studied WV political history before offering his opinion.


How so? I'm not sure what you're getting at.

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Thomas Jefferson

"The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance."

Cicero, 55 BC

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Re: U.S. high court: Judges must avoid appearance of bias

Post by ohio county on Tue Jun 09, 2009 6:34 am

West Virginians have elected some idiots in their storied history. Remember the fellow who was "looking for ugly"?

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Re: U.S. high court: Judges must avoid appearance of bias

Post by ziggy on Tue Jun 09, 2009 7:15 am

The guys who were "looking for ugly" were working to elect Brent Benjamin. But they did find ugly that day at Racine. Ole' Warren handed it to them on a platter.

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Re: U.S. high court: Judges must avoid appearance of bias

Post by ziggy on Tue Jun 09, 2009 7:25 am

I agree with this ruling. Perhaps Justice Roberts should have studied WV political history before offering his opinion.


Once again, we can see that public financing of election campaigns would serve the public better than the virtual auctions of political offices so engrained in WV history.

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Re: U.S. high court: Judges must avoid appearance of bias

Post by Aaron on Tue Jun 09, 2009 8:46 am

The real solution is to stop electing Judges and instead have them appointed by a bi-partisan committee made up of individuals from many different segments of the community and political parties.

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"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."

Thomas Jefferson

"The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance."

Cicero, 55 BC

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