Litigation

Michigan Court Studies Recusal Issue

By Lissette Villarruel

The Michigan Supreme Court justices are committed to addressing the issue of recusal, an article by the Detroit Free Press reported.

As Caperton v. Massey, nears its hearing date, the state Supreme Court has paid close attention to the issue of recusal, specifically in terms of any reforms that should be made to the state’s rules on judicial disqualification. The Court is scheduled to discuss recusal in their discussion at a public administrative conference. According to the article, the justices ?may propose a rule change and invite public comment at a later time.?

Two of Michigan’s justices  were among the 10 state Supreme Court justices who filed a brief supporting the decision of West Virginia justice Brent D. Benjamin to take part in a case involving a coal executive who spent $3 million to help elect him.  Together, the judges argued that the recusal request would effectively bypass the will of the people electing the judges and that the primary concern is ??whether the increased spending in judicial races should overcome the historical presumption of judicial integrity.??

The full text of the 10 justices? brief can be found here.

To find out more about Caperton v. Massey, you can visit the Justice at Stake Caperton resource page.

Full post as published by The Gavel on February 26, 2009 (boomark / email).