ABA Calls for More Effective Rules on Judicial Disqualifications
The House of Delegates approved Resolution 107 (PDF), a recommendation to support efforts at the state level to establish clear procedures for judicial disqualifications and the implementation of procedures to review a judge’s decision to reject a disqualification request.
The issue of judicial disqualifications has gained attention in the wake of the U.S Supreme Court’s 2008 ruling in Caperton v. A.T. Massey Coal Co. and a political environment in which judicial elections often have become more heated and expensive.
“No one should be a judge in his or her own case,” said William K. Weisenberg, chair of the Standing Committee on Judicial Independence. “Public confidence in the judiciary is significantly enhanced by the recognition of this principle. But the public perceives that campaign contributions and campaign support is influencing the decisions by judges.”
He also said that the Standing Committee on Judicial Independence, which sponsored the resolution, will be working with the judicial division and other entities on how the conduct rules for judges might be changed to incorporate the recommendations.
