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Full-Text Articles in Law
Making Judicial Recusal More Rigorous, James J. Sample, David Pozen
Making Judicial Recusal More Rigorous, James J. Sample, David Pozen
Faculty Scholarship
The right to an impartial arbiter is the bedrock of due process. Yet litigants in most state courts face judges subject to election and reelection – and therefore to majoritarian political pressures that would appear to undermine the judges' impartiality. This tension has existed for as long as judges have been elected (and, to some extent, for as long as they have been appointed, in which case campaigns often take a less public but equally politicized form).
In recent years, however, this tension has become more acute. Today, state courts around the country increasingly resemble – and are increasingly perceived …
Kentucky 2006 Judicial Elections, William H. Fortune, Al Cross
Kentucky 2006 Judicial Elections, William H. Fortune, Al Cross
Law Faculty Scholarly Articles
This Article is a short report on the impact of Republican Party of Minnesota v. White on the 2006 Kentucky judicial campaigns and elections. The series of events leading up to the 2006 elections can be traced to at least 1988.
While the Kentucky Judicial Campaign Conduct Committee (KJCCC) cannot claim a great impact on Kentucky's 2006 judicial elections, the authors of this Article believe that the committee played a positive role. For the most part, judicial candidates campaigned in a dignified and ethical manner, and refrained from running on issues that might strike a chord with the electorate. Judicial …