WASHINGTON — The Supreme Court stepped into a sensitive dispute Friday over a state judge’s decision to participate in a case that involved a key campaign supporter.
The justices typically avoid cases about judicial ethics, but they agreed to review the actions of a West Virginia Supreme Court justice whose vote overturned a $50 million verdict against a company that is run by the most generous backer of his election.
The high court’s decision comes amid growing concern over the role of money in electing state judges. Campaign spending on state supreme court elections rose by 25 percent to nearly $20 million from 2006 to 2008, a national justice reform group said.
Don Blankenship, the chief executive of Massey Energy Co., spent more than $3 million to help elect Justice Brent Benjamin to the West Virginia high court. Benjamin twice was part of 3-2 majorities that threw out a verdict in favor of Harman Mining Co. in its coal contract dispute with Massey.
Harman said Benjamin’s participation in the case created an appearance of bias strong enough to violate its constitutional rights.
The American Bar Association and other legal ethics groups have taken Harman’s side.
Benjamin repeatedly rejected calls to recuse himself from the case when it was before the state high court. He has since said that he fairly judged the dispute.
Former Colorado Supreme Court Justice Rebecca Love Kourlis, an advocate for ending partisan election of judges, said the case may get “people to pay attention to the problems partisan fundraising creates.”
Kourlis is executive director of the Institute for the Advancement of the American Legal System at the University of Denver, which provided the figures on spending in judicial elections.
