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

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Post by ziggy Mon Jun 08, 2009 11:40 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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Post by ziggy Mon Jun 08, 2009 11:48 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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Post by Aaron Mon Jun 08, 2009 2:55 pm

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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Post by Aaron Mon Jun 08, 2009 2:56 pm

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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Post by ziggy Mon Jun 08, 2009 8:02 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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Post by ziggy Mon Jun 08, 2009 8:38 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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Post by SamCogar Tue Jun 09, 2009 4:50 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


U.S. high court: Judges must avoid appearance of bias 197570 U.S. high court: Judges must avoid appearance of bias 197570 U.S. high court: Judges must avoid appearance of bias 197570

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Post by Aaron Tue Jun 09, 2009 7:21 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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Post by Stephanie Tue Jun 09, 2009 8:43 am

I agree with this ruling. Perhaps Justice Roberts should have studied WV political history before offering his opinion.
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Post by Aaron Tue Jun 09, 2009 9:00 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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Post by Aaron Tue Jun 09, 2009 9:04 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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Post by ohio county Tue Jun 09, 2009 9:34 am

West Virginians have elected some idiots in their storied history. Remember the fellow who was "looking for ugly"?
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Post by ziggy Tue Jun 09, 2009 10:15 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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Post by ziggy Tue Jun 09, 2009 10:25 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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Post by Aaron Tue Jun 09, 2009 11:46 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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Post by Stephanie Tue Jun 09, 2009 2:53 pm

While I agree there needs to be serious campaign finance reform, I disagree with what I think is your desired outcome: publicly financed campaigns. I'd prefer stricter caps on contributions, including corporations and PAC's and enforcement of the law.

I agree judges should be appointed rather than elected. That doesn't entirely eliminate problems like corruption either. Where there is a will there is a way, especially when it comes to money and power.
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Post by ziggy Wed Jun 10, 2009 12:14 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.

Laughing Laughing Laughing Laughing Laughing Laughing

lol! lol! lol! lol! lol! lol!

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Post by SamCogar Wed Jun 10, 2009 4:08 am

The real solution is to hold Judges accountable to adhering to and abiding by the intent of the Rule of Law.

Laws are passed for a reason ...... and there is no reason a Judge should apply a different opinion.

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Post by Aaron Wed Jun 10, 2009 8:00 am

ziggy wrote:
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.

Laughing Laughing Laughing Laughing Laughing Laughing

lol! lol! lol! lol! lol! lol!

U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948

Lets see. The solution I put forth is not a violation of someones individual rights.

Yours is.
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Post by ziggy Wed Jun 10, 2009 11:44 pm

What rights are those?
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Post by TerryRC Tue Jun 16, 2009 6:25 am

Laws are passed for a reason ...... and there is no reason a Judge should apply a different opinion.

Yes, and not all of the laws legislative bodies pass are good or well-written.

These laws need to be struck or modified.

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Post by ziggy Tue Jun 16, 2009 11:28 am

Aaron wrote:
ziggy wrote:
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.

Laughing Laughing Laughing Laughing Laughing Laughing

lol! lol! lol! lol! lol! lol!

U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948 U.S. high court: Judges must avoid appearance of bias 33948

Lets see. The solution I put forth is not a violation of someones individual rights.

Yours is.

Whose and what rights do public campaign finance proposals violate?
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Post by Aaron Tue Jun 16, 2009 12:01 pm

Not going into the recent PAC contributions overturned by the WVSC, they violate the First Amendment for those who understand it.

Are you one of those?
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Post by ziggy Tue Jun 16, 2009 10:22 pm

Aaron wrote:Not going into the recent PAC contributions overturned by the WVSC, they violate the First Amendment for those who understand it.

Are you one of those?

No. But you are talking about something else.

Whose and what rights do public campaign finance proposals violate? Or do you even know what public campaign proposals are about?
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Post by SheikBen Mon Jul 13, 2009 5:55 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.

You mean a standard that applies to everyone, not just conservatives? Hahahahaha good luck with that!

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