James Madison Center

James Madison Center Press Release of Feb. 4, 2009
James Madison Center for Free Speech Files Amicus Curiae Brief in Judge Recusal Case

Today, the James Madison Center for Free Speech filed a U.S. Supreme Court amicus curiae brief in support of Massey Coal Company in the case of Caperton v. Massey, 08-22. The case involves the decision of Justice Brent Benjamin of the West Virginia Supreme Court of Appeals not to recuse himself based on the fact that Don Blankenship, the CEO and President of Massey Coal, had spent a significant amount during the 2004 elections against Benjamin’s opponent, then West Virginia Supreme Court of Appeals Justice Warren McGraw. After Justice Benjamin cast the deciding vote in favor of Massey Coal, Caperton appealed, claiming that the Due Process Clause of the U.S. Constitution required the judge’s recusal.

“Requiring judges to recuse themselves based on campaign spending would have profound and disturbing implications for the U.S. judicial process,” said James Bopp, Jr., counsel for the James Madison Center. “Judicial elections have been a part of the American judicial system since 1789. They’ve always involved private campaign spending, and it’s never been the case that judges had to recuse themselves because a party has donated to their campaign or spent money trying to defeat their opponent.” Bopp stated that efforts to require recusal based on campaign spending were really an attempt to subvert this long history of judicial elections. “If someone wants to manipulate justice, mandatory recusal based on campaign spending makes it easy to do so. All a party has to do is donate to judges they don’t think are favorable to them, and they can ensure that judge will never hear their case. Effectively, this is little more than an attempt to second guess the voters’ decision and undermine the existence of judicial elections.”

The James Madison Center for Free Speech is a nonprofit nonpartisan organization dedicated to supporting litigation and public education activities to defend the First Amendment rights of citizens and citizen groups to free political expression and association. Named for James Madison, the author and principal sponsor of the First Amendment, the Madison Center is guided by Madison’s belief that “the right of free discussion . . . [is] a fundamental principle of the American form of government.”

The amicus brief can be found at James Madison Center

James Bopp, Jr. has a national federal and state election law practice with the Terre Haute, Indiana law firm of Bopp, Coleson & Bostrom. He is General Counsel for the James Madison Center for Free Speech and former Co-Chairman of the Election Law Subcommittee of the Federalist Society.