U.S. high court: Judges must avoid appearance of bias
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SamCogar
Aaron
ziggy
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U.S. high court: Judges must avoid appearance of bias
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
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
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
"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.
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What an idiot this Roberts guy must be ....................................
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
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?
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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?
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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
.
SamCogar- Number of posts : 6238
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
I agree with this ruling. Perhaps Justice Roberts should have studied WV political history before offering his opinion.
Re: U.S. high court: Judges must avoid appearance of bias
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.
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
West Virginians have elected some idiots in their storied history. Remember the fellow who was "looking for ugly"?
ohio county- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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.
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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.
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
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.
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.
Re: U.S. high court: Judges must avoid appearance of bias
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.
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Laws are passed for a reason ...... and there is no reason a Judge should apply a different opinion.
SamCogar- Number of posts : 6238
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Lets see. The solution I put forth is not a violation of someones individual rights.
Yours is.
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
What rights are those?
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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.
Yes, and not all of the laws legislative bodies pass are good or well-written.
These laws need to be struck or modified.
TerryRC- Number of posts : 2762
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Re: U.S. high court: Judges must avoid appearance of bias
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.
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?
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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?
Are you one of those?
Aaron- Number of posts : 9841
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Re: U.S. high court: Judges must avoid appearance of bias
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?
ziggy- Moderator
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Re: U.S. high court: Judges must avoid appearance of bias
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!
SheikBen- Moderator
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