Court considers case on judicial ethics
Lawyer Blogs
Supreme Court justices regularly confront cases involving companies they own shares in or that employ a family member. The decision is easy — the justices have a conflict of interest that forces them to play no role in the case.
But what happens when the issue is less clear and a judge has the appearance of a conflict, but no personal stake in the outcome of a dispute? The court is considering a case that asks whether the Constitution requires judges to step aside in that instance.
The justices met in private Friday to discuss a lawsuit over a coal contract in West Virginia in which a state Supreme Court justice rejected calls to step aside because the leader of one company in the case spent more than $3 million to help him get elected.
Justice Brent Benjamin twice was in the majority in 3-2 decisions overturning a $50 million jury verdict against Massey Energy Co. Don Blankenship, Massey's president, chairman and chief executive officer, was a key Benjamin backer. Two other state court justices recused themselves from the case the second time it was under consideration.
The losing party, Harman Mining Corp., says the appearance of bias by Benjamin is so strong that Harman's constitutional rights were violated. Former Solicitor General Theodore Olson is representing Harman.
Related listings
-
Conn. high court rules same-sex couples can marry
Lawyer Blogs 10/10/2008Connecticut's Supreme Court has ruled that same-sex couples have the right to marry, making that state the third behind Massachusetts and California to legalize such unions.The court agreed with the plaintiffs, who said the state's marriage law discr...
-
Ore. court rules frozen embryos can be destroyed
Lawyer Blogs 10/09/2008The Oregon Court of Appeals has ordered six frozen embryos destroyed after ruling they can be treated as personal property in a divorce.The court ruled unanimously on Wednesday that an agreement leaving the final decision up to the ex-wife must be fo...
-
High court could block 'light' cigarettes lawsuit
Lawyer Blogs 10/07/2008The Supreme Court picked up Monday where it left off last term, signaling support for efforts to block lawsuits against tobacco companies over deceptive marketing of "light" cigarettes.The first day of the court's new term, which is set in law as the...
Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .