caperton et al massey coal et argued march decided june west virginia jury found respondents coal company affiliates hereinafter massey liable fraudulent misrepresentation concealment tortious interference existing contractual relations awarded petitioners hereinafter caperton million damages west virginia held judicial elections knowing state appeals consider appeal blankenship massey chairman principal officer supported brent benjamin rather incumbent justice seeking reelection million contributions exceeded total amount spent benjamin supporters benjamin committee benjamin fewer votes massey filed appeal caperton moved disqualify benjamin due process clause state code judicial conduct based conflict caused blankenship campaign involvement justice benjamin denied motion indicating found nothing showing bias litigant reversed million verdict rehearing process justice benjamin refused twice recuse reversed jury verdict four months later justice benjamin filed concurring opinion defending opinion recusal decision held circumstances case due process requires recusal pp due process clause incorporated rule requiring recusal judge direct personal substantial pecuniary interest case tumey ohio also identified additional instances objective matter require recusal probability actual bias part judge decisionmaker high constitutionally tolerable withrow larkin two instances place present case proper context pp first involved local tribunals judge financial interest case outcome less considered personal direct common law tumey village mayor authority try accused violating law prohibiting possession alcoholic beverages faced two potential conflicts received salary supplement performing judicial duties funded fines assessed received supplement upon conviction sums fines deposited village general treasury fund village improvements repairs disqualification required principle procedure offer possible temptation average man judge forget burden proof required convict defendant might lead hold balance nice clear true state accused denies latter due process law ward monroeville conviction another mayor invalidated even though fines assessed went town general fisc mayor faced possible created executive responsibilities village finances recusal also required alabama justice cast deciding vote upholding punitive damages award lead plaintiff nearly identical suit pending alabama lower courts aetna life ins lavoie proper constitutional inquiry whether fact justice influenced whether sitting case offer possible temptation average judge lead hold balance nice clear true ibid degree kind interest sufficient disqualify judge defined precision test objective component pp second instance emerged criminal contempt context judge pecuniary interest case determined earlier proceeding whether criminal charges brought proceeded try convict petitioners murchison finding man judge case man permitted try cases interest outcome noted circumstances case prior relationship required recusal judge prior relationship defendant well information acquired prior proceeding critical reiterating rule defendant criminal contempt proceedings tried judge one reviled contemnor mayberry pennsylvania rests relationship judge defendant noted objective inquiry whether judge actually biased whether average judge position likely neutral unconstitutional bias pp objective standards implementing due process clause require proof actual bias question justice benjamin subjective findings impartiality propriety need determine whether actual bias rather question whether realistic appraisal psychological tendencies human weakness interest poses risk actual bias prejudgment practice must forbidden guarantee due process adequately implemented withrow serious risk actual bias person personal stake particular case significant disproportionate influence placing judge case raising funds directing judge election campaign case pending imminent proper inquiry centers contribution relative size comparison total amount contributed campaign total amount spent election apparent effect contribution outcome whether contributions necessary sufficient cause benjamin victory election decided fewer votes blankenship campaign contributions compared total amount contributed campaign well total amount spent election significant disproportionate influence outcome risk blankenship influence engendered actual bias sufficiently substantial must forbidden guarantee due process adequately implemented ibid temporal relationship campaign contributions justice election pendency case also critical reasonably foreseeable pending case newly elected justice allegation quid pro quo agreement extraordinary contributions made time blankenship vested stake outcome man allowed judge cause similar fears bias arise without parties consent man chooses judge cause applying principle judicial election process serious objective risk actual bias required justice benjamin recusal pp massey amici err predicting decision lead adverse consequences ranging flood recusal motions unnecessary interference judicial elections point instance involving judicial campaign contributions presents potential bias comparable circumstances case extreme measure may codes conduct rigorous recusal standards due process requires recusal disputes resolved without resort constitution making constitutional standard application rare pp reversed remanded kennedy delivered opinion stevens souter ginsburg breyer joined roberts filed dissenting opinion scalia thomas alito joined scalia filed dissenting opinion hugh caperton et petitioners massey coal company et al writ certiorari appeals west virginia june justice kennedy delivered opinion case appeals west virginia reversed trial judgment entered jury verdict million five justices heard case vote reverse question presented whether due process clause fourteenth amendment violated one justices majority denied recusal motion basis motion justice received campaign contributions extraordinary amount efforts board chairman principal officer corporation found liable damages precedents objective standards require recusal probability actual bias part judge decisionmaker high constitutionally tolerable withrow larkin applying precedents find circumstances case due process requires recusal august west virginia jury returned verdict found respondents massey coal affiliates hereinafter massey liable fraudulent misrepresentation concealment tortious interference existing contractual relations jury awarded petitioners hugh caperton harman development harman mining sovereign coal sales hereinafter caperton sum million compensatory punitive damages june state trial denied massey motions challenging verdict damages award finding massey intentionally acted utter disregard caperton rights ultimately destroyed caperton businesses conducting analyses massey concluded financial interest app march trial denied massey motion judgment matter law blankenship massey chairman chief executive officer president verdict appeal west virginia held judicial elections knowing appeals west virginia consider appeal case blankenship decided support attorney sought replace justice mcgraw justice mcgraw candidate reelection attorney sought replace brent benjamin addition contributing statutory maximum benjamin campaign committee blankenship donated almost million sake kids political organization formed organization opposed mcgraw supported benjamin app blankenship donations accounted total funds raised blankenship spent addition independent expenditures direct mailings letters soliciting donations well television newspaper advertisements support brent benjamin bold typeface omitted quoting blankenship state campaign financial disclosure filings provide perspective blankenship million contributions total amount spent benjamin supporters three times amount spent benjamin committee caperton contends blankenship spent million total amount spent campaign committees candidates combined brief petitioners benjamin received votes mcgraw received votes app october massey filed petition appeal west virginia highest caperton moved disqualify benjamin due process clause west virginia code judicial conduct based conflict caused blankenship campaign involvement justice benjamin denied motion april indicated carefully considered bases accompanying exhibits proffered movants found objective information show justice bias litigant justice prejudged matters comprise litigation justice anything fair impartial december massey filed petition appeal challenge adverse jury verdict west virginia appeals granted review november reversed million verdict massey majority opinion authored justice davis joined justices benjamin maynard found massey conduct warranted type judgment rendered case reversed nevertheless based two independent grounds first clause contained contract massey party barred suit west virginia second res judicata barred suit due judgment massey party justice starcher dissented stating majority opinion morally legally wrong justice albright also dissented accusing majority misapplying law introducing sweeping law jurisprudence may well come back haunt us caperton sought rehearing parties moved disqualification three five justices decided appeal photos surfaced justice maynard vacationing blankenship french riviera case pending justice maynard granted caperton recusal motion side justice starcher granted massey recusal motion apparently based public criticism blankenship role elections recusal memorandum justice starcher urged justice benjamin recuse well noted blankenship bestowal personal wealth political tactics created cancer affairs justice benjamin declined justice starcher suggestion denied caperton recusal motion granted rehearing justice benjamin capacity acting chief justice selected judges cookman fox replace recused justices caperton moved third time disqualification arguing justice benjamin failed apply correct standard west virginia law whether reasonable prudent person knowing objective facts harbor doubts justice benjamin ability fair impartial caperton also included results public opinion poll indicated west virginians doubted justice benjamin fair impartial justice benjamin refused withdraw noting push poll neither credible sufficiently reliable serve basis elected judge disqualification april divided reversed jury verdict decision justice davis filed modified version prior opinion repeating two earlier holdings joined justice benjamin judge fox justice albright joined judge cookman dissented majority opinion unsupported facts existing case law also fundamentally unfair sadly justice neither honored served majority app dissent also noted genuine due process implications arising federal law respect justice benjamin failure recuse app citing aetna life ins lavoie murchison four months later month petition writ certiorari filed justice benjamin filed concurring opinion defended merits majority opinion well decision recuse rejected caperton challenge participation case due process clause west virginia law justice benjamin reiterated direct personal substantial pecuniary interest case app quoting lavoie supra adopting standard merely concluded seems little invitation subject west virginia justice system vagaries day framework predictability stability yield supposition innuendo partisan manipulations app granted certiorari ii axiomatic fair trial fair tribunal basic requirement due process murchison supra recognized however matters relating judicial disqualification rise constitutional level ftc cement institute early leading case subject tumey ohio stated matters kinship personal bias state policy remoteness interest seem generally matters merely legislative discretion tumey concluded due process clause incorporated rule judge must recuse direct personal substantial pecuniary interest case ibid rule reflects maxim man allowed judge cause interest certainly bias judgment improbably corrupt integrity federalist cooke ed madison see frank disqualification judges yale rule disqualification bias prejudice permitted matters left statutes judicial codes lavoie supra see also part iv infra discussing judicial codes personal bias prejudice alone sufficient basis imposing constitutional requirement due process clause lavoie supra new problems emerged discussed common law however identified additional instances objective matter require recusal circumstances experience teaches probability actual bias part judge decisionmaker high constitutionally tolerable withrow place present case proper context two instances required recusal merit discussion first involved emergence local tribunals judge financial interest outcome case although interest less considered personal direct common law problem addressed tumey mayor village authority sit judge jury try accused violating state law prohibiting possession alcoholic beverages inherent structure two potential conflicts first mayor received salary supplement performing judicial duties funds compensation derived fines assessed case fines assessed upon acquittal thus received salary supplement convicted defendant second sums criminal fines deposited village general treasury fund village improvements repairs held due process clause required disqualification direct pecuniary interest outcome official motive convict graduate fine help financial needs village held despite observing doubtless mayors allow consideration costs case affect judgment articulated controlling principle every procedure offer possible temptation average man judge forget burden proof required convict defendant might lead hold balance nice clear true state accused denies latter due process law ibid thus concerned traditional prohibition direct pecuniary interest also concerned general concept interests tempt adjudicators disregard neutrality concern conflicts resulting financial incentives elaborated ward monroeville invalidated conviction another mayor monroeville unlike tumey mayor received money instead fines mayor assessed went town general fisc held fact mayor tumey shared directly fees costs define limits principle principle instead turned mayor might face mayor executive responsibilities village finances may make partisan maintain high level contribution finances mayor ibid reiterated another case term judge financial stake need direct positive appeared tumey gibson berryhill administrative board composed optometrists pecuniary interest sufficient substance preside hearing competing optometrists lavoie clarified reach due process clause regarding judge financial interest case justice cast deciding vote alabama uphold punitive damages award insurance company refusal pay claim time vote justice lead plaintiff nearly identical lawsuit pending alabama lower courts deciding vote surmised undoubtedly insurance defendant justice suit stressed required decide whether fact justice influenced proper constitutional inquiry whether sitting case alabama offer possible temptation average judge lead hold balance nice clear true ibid quoting monroeville supra turn quoting tumey supra underscored degree kind interest sufficient disqualify judge sitting defined precision quoting murchison view however important test objective component lavoie proceeded distinguish state justice particular interest case required recusal interests constitutional concern instance justices might conceivably slight pecuniary interest due potential membership suit insurance companies interest remote insubstantial violate constitutional constraints quoting marshall jerrico second instance requiring recusal discussed common law emerged criminal contempt context judge pecuniary interest case challenged conflict arising participation earlier proceeding characterized first proceeding perhaps pejoratively grand jury murchison first proceeding provided state law judge examined witnesses determine whether criminal charges brought judge called two petitioners one petitioner answered questions judge found untruthful charged perjury second declined answer ground counsel state law seemed permit judge charged contempt judge proceeded try convict petitioners set aside convictions grounds judge conflict interest trial stage earlier participation followed decision charge due process clause required disqualification recited general rule man judge case adding man permitted try cases interest outcome noted disqualifying criteria defined precision circumstances relationships must considered ibid circumstances prior relationship required recusal part grand jury process judge nature things wholly disinterested conviction acquittal accused practical matter difficult impossible judge free influence took place secret session murchison careful distinguish circumstances relationship constitution require recusal noted grand jury part accusatory process ordinary lay grand juror adjudication trial judge contempt committed judge presence open likened proceedings judge prior relationship defendant well information acquired prior proceeding critical import following murchison held mayberry pennsylvania reason due process clause fourteenth amendment defendant criminal contempt proceedings given public trial judge one reviled contemnor reiterated rule rests relationship judge defendant judge vilified pennsylvania judge necessarily becomes embroiled running bitter controversy one cruelly slandered likely maintain calm detachment necessary fair adjudication considered specific circumstances presented case noted every attack judge disqualifies sitting ibid distinguished case ungar sarafite ruled lawyer challenge though recalcitrant disagreeable commentary still insulting attack upon integrity judge carrying potential bias require disqualification mayberry supra quoting ungar supra inquiry objective one asks whether judge actually subjectively biased whether average judge position likely neutral whether unconstitutional potential bias iii based principles described cases turn issue us problem arises context judicial elections framework presented precedents reviewed discussed caperton contends blankenship pivotal role getting justice benjamin elected created constitutionally intolerable probability actual bias though bribe criminal influence justice benjamin nevertheless feel debt gratitude blankenship extraordinary efforts get elected temptation caperton claims strong inherent human nature conflict confronted tumey monroeville city benefited financially defendant conviction well conflict identified murchison mayberry judge object defendant contempt justice benjamin careful address recusal motions explain reasons view controlling standard disqualification order four separate opinions issued course appeal explained actual bias established found basis recusal caperton failed provide objective evidence objective information merely subjective belief bias app anyone point actual conduct activity part termed app words based facts presented caperton justice benjamin conducted probing search actual motives inclinations found none improper question subjective findings impartiality propriety determine whether actual bias following accepted principles legal tradition respecting proper performance judicial functions judges often inquire subjective motives purposes ordinary course deciding case mean inquiry simple one work deciding cases goes every day hundreds courts throughout land judge one might suppose find easy describe process followed thousand times nothing farther truth cardozo nature judicial process judge inquires reasons seem leading particular result precedent stare decisis text purpose law constitution logic scholarship experience common sense fairness disinterest neutrality among factors work bring coherence process seek respect resulting judgment judges often explain reasons conclusions rulings instances introspection often attends process may reveal judge assumed proper controlling factor real one work judge discovers personal bias improper consideration seems actuating cause decision influence difficult dispel real possibility undermining neutrality judge may think necessary consider withdrawing case difficulties inquiring actual bias fact inquiry often private one simply underscore need objective rules otherwise may adequate protection judge simply misreads misapprehends real motives work deciding case judge inquiry actual bias one law easily superintend review though actual bias disclosed doubt grounds appropriate relief lieu exclusive reliance personal inquiry appellate review judge determination respecting actual bias due process clause implemented objective standards require proof actual bias see tumey mayberry lavoie defining standards asked whether realistic appraisal psychological tendencies human weakness interest poses risk actual bias prejudgment practice must forbidden guarantee due process adequately implemented withrow turn influence issue case every campaign contribution litigant attorney creates probability bias requires judge recusal exceptional case cf mayberry supra course every attack judge disqualifies sitting lavoie supra pecuniary interests remote conclude serious risk actual bias based objective reasonable perceptions person personal stake particular case significant disproportionate influence placing judge case raising funds directing judge election campaign case pending imminent inquiry centers contribution relative size comparison total amount money contributed campaign total amount spent election apparent effect contribution outcome election applying principle conclude blankenship campaign efforts significant disproportionate influence placing justice benjamin case blankenship contributed million unseat incumbent replace benjamin contributions eclipsed total amount spent benjamin supporters exceeded amount spent benjamin campaign committee app caperton claims blankenship spent million total amount spent campaign committees candidates combined brief petitioners massey responds blankenship support significant cause benjamin victory end people west virginia elected based many reasons blankenship efforts massey points every major state newspaper one endorsed benjamin brief respondents also contends mcgraw cost election giving speech campaign speech opposition seized upon advantage ibid justice benjamin raised similar arguments asserted outcome election due primarily campaign message well mcgraw devastat ing speech made number controversial claims became matter statewide discussion media internet elsewhere app see also nn nn app nn whether blankenship campaign contributions necessary sufficient cause benjamin victory proper inquiry much like determining whether judge actually biased proving ultimately drives electorate choose particular candidate difficult endeavor likely lend certain conclusion particularly true procedure judicial factfinding sole trier fact one accused bias due process requires objective inquiry whether contributor influence election circumstances offer possible temptation average judge lead hold balance nice clear true tumey supra election decided fewer votes see app blankenship campaign contributions comparison total amount contributed campaign well total amount spent election significant disproportionate influence electoral outcome risk blankenship influence engendered actual bias sufficiently substantial must forbidden guarantee due process adequately implemented withrow supra temporal relationship campaign contributions justice election pendency case also critical reasonably foreseeable campaign contributions made pending case newly elected justice million adverse jury verdict entered election appeals next step state trial dealt motions became apparent absent recusal justice benjamin review judgment cost biggest donor company million although allegation quid pro quo agreement fact remains blankenship extraordinary contributions made time vested stake outcome man allowed judge cause similar fears bias arise without consent parties man chooses judge cause applying principle judicial election process serious objective risk actual bias required justice benjamin recusal justice benjamin undertake extensive search actual bias indicated one step judicial process objective standards may also require recusal whether actual bias exists proved due process may sometimes bar trial judges actual bias best weigh scales justice equally contending parties murchison failure consider objective standards requiring recusal consistent imperatives due process find blankenship significant disproportionate influence coupled temporal relationship election pending case offer possible temptation average judge lead hold balance nice clear true lavoie quoting monroeville turn quoting tumey extreme facts probability actual bias rises unconstitutional level iv decision today addresses extraordinary situation constitution requires recusal massey amici predict various adverse consequences follow recognizing constitutional violation ranging flood recusal motions unnecessary interference judicial elections disagree facts us extreme measure parties point instance involving judicial campaign contributions presents potential bias comparable circumstances case true extreme cases often test bounds established legal principles sometimes administrable standard may available address perceived wrong also true extreme cases likely cross constitutional limits requiring intervention formulation objective standards particularly true due process violated see county sacramento lewis reiterating prohibition executive abuse power shocks conscience kennedy concurring explaining objective considerations including history precedent controlling principle due process standard recusal cases illustrative case dealt extreme facts created unconstitutional probability bias defined precision lavoie quoting murchison yet articulated objective standard protect parties basic right fair trial fair tribunal careful distinguish extreme facts cases interests rise constitutional level see lavoie supra mayberry murchison supra see also part ii supra case nothing done worth noting effects lack thereof prior decisions even though standards announced cases raised questions similar might asked decision today flooded monroeville murchison motions perhaps due part extreme facts standards sought address courts proved quite capable applying standards less extreme situations one must also take account judicial reforms implemented eliminate even appearance partiality almost every state west virginia included adopted american bar association objective standard judge shall avoid impropriety appearance impropriety aba annotated model code judicial conduct canon see brief american bar association amicus curiae aba model code test appearance impropriety whether conduct create reasonable minds perception judge ability carry judicial responsibilities integrity impartiality competence impaired canon commentary see also code judicial conduct canon commentary west virginia code judicial conduct also requires judge disqualify proceeding judge impartiality might reasonably questioned canon see also justice judge magistrate judge shall disqualify proceeding impartiality might reasonably questioned canon question disqualification focuses whether objective assessment judge conduct produces reasonable question impartiality judge subjective perception ability act fairly state ex rel brown dietrick see also liteky kennedy concurring judgment nder judge disqualified appears harbors aversion hostility disposition kind person set aside judging dispute indeed require recusal based campaign contributions similar case see code miss code judicial conduct canon codes conduct serve maintain integrity judiciary rule law conference chief justices underscored codes principal safeguard judicial campaign abuses threaten imperil public confidence fairness integrity nation elected judges brief conference chief justices amicus curiae vital state interest courts system elaborate principles law course resolving disputes power prerogative perform function rest end upon respect accorded judgments citizen respect judgments depends turn upon issuing absolute probity judicial integrity consequence state interest highest order republican party white kennedy concurring reason may choose adopt recusal standards rigorous due process requires see also bracy gramley distinguishing constitutional floor ceiling set common law statute professional standards bench bar due process clause demarks outer boundaries judicial disqualifications congress course remain free impose rigorous standards judicial disqualification find mandated today lavoie supra codes judicial conduct provide protection due process requires disputes disqualification resolved without resort constitution application constitutional standard implicated case thus confined rare instances judgment appeals west virginia reversed case remanded proceedings inconsistent opinion ordered hugh caperton et petitioners massey coal company et al writ certiorari appeals west virginia june chief justice roberts justice scalia justice thomas justice alito join dissenting course share majority sincere concerns need maintain fair independent impartial judiciary one appears fear decision undermine rather promote values today recognized exactly two situations federal due process clause requires disqualification judge judge financial interest outcome case judge trying defendant certain criminal contempts vaguer notions bias appearance bias never basis disqualification either common law constitutional precedents issues instead addressed legislation rules today however enlists due process clause overturn judge failure recuse probability bias unlike established grounds disqualification probability bias defined limited way new rule provides guidance judges litigants recusal constitutionally required inevitably lead increase allegations judges biased however groundless charges may end result far erode public confidence judicial impartiality isolated failure recuse particular case presumption honesty integrity serving adjudicators withrow larkin judges take oath uphold constitution apply law impartially trust live promise see republican party white kennedy concurring even inadvertence judges lack firmness wisdom quoting bridges california thus identified two situations due process clause requires disqualification judge judge financial interest outcome case judge presiding certain types criminal contempt proceedings well established judge may preside case direct personal substantial pecuniary interest tumey ohio principle relatively straightforward largely tracks longstanding rule regarding judicial recusal see frank disqualification judges yale common law disqualification clear simple judge disqualified direct pecuniary interest nothing else example defendant due process rights violated tried judge paid service convicts defendant tumey supra see also aetna life ins lavoie recusal required judge decision related case clear immediate effect enhancing legal status settlement value case connally georgia per curiam may also violate due process judge presides criminal contempt case resulted defendant hostility towards judge mayberry pennsylvania defendant directed steady stream expletives ad hominem attacks judge throughout trial defendant subsequently charged criminal contempt concluded given public trial judge one reviled contemnor see also taylor hayes judge become embroiled running controversy defendant subsequently preside defendant criminal contempt trial decisions area also emphasized due process clause require recusal questions judicial qualification may involve constitutional validity thus matters kinship personal bias state policy remoteness interest seem generally matters merely legislative discretion tumey supra see also lavoie supra subject two exceptions described questions judicial recusal regulated common law statute professional standards bench bar bracy gramley given case number factors give rise probability appearance bias friendship party lawyer prior employment experience membership clubs associations prior speeches writings religious affiliation countless considerations never held due process clause requires recusal reasons even though viewed presenting probability bias many state statutes require recusal based probability appearance bias alone sufficient basis imposing constitutional requirement due process clause lavoie supra emphasis added course free adopt broader recusal rules constitution requires every state developments continuously incorporated due process clause ii departing clear line recusal constitutionally required majority repeatedly emphasizes need objective standard ante majority analysis objective inquire justice benjamin motives decisionmaking process standard majority articulates probability bias fails provide clear workable guidance future cases basic level unclear whether new probability bias standard somehow limited financial support judicial elections applies judicial recusal questions generally fundamental questions well little help majority courts determine much money much money level contribution expenditure gives rise probability bias determine whether given expenditure disproportionate disproportionate independent expenditures treated direct contributions candidate campaign contributions independent outside groups supporting candidate matter whether litigant contributed candidates made large expenditures connection elections amount issue case matter case employment dispute stake plaintiffs sought relief injunction declaratory judgment analysis change depending whether judge whose disqualification sought sits trial appeals state long probability bias last probability bias diminish time election recedes matter whether judge plans run reelection disproportionately large expenditure made industry association trade union physicians group plaintiffs bar must judge recuse cases affect association interests must judge recuse cases party lawyer member group matter much litigant contributed association case involves social ideological issue rather financial one must judge recuse cases involving say abortion rights received disproportionate support individuals feel strongly either side issue supporter wants help elect judges tough crime must judge recuse criminal cases candidate draws disproportionate support particular racial religious ethnic group case involves issue particular importance group supporter party pending imminent case interests affected decision analysis apply supporter chooses judge case someone else case implicates regulatory issue great importance party making expenditures even though direct financial interest outcome facial challenge agency rulemaking suit seeking limit agency jurisdiction must judge vote outcome determinative order constitute due process violation due process analysis consider underlying merits suit matter whether decision clearly right wrong matter state law lower decision favor supporter affirmed merits appeal panel debt gratitude supporter moot due process claim judge voted supporter many cases judge disagrees supporter message tactics judge expressly disclaims support person assume elected judges feel debt hostility towards major opponents candidacies must judge recuse cases involving individuals groups spent large amounts money trying unsuccessfully defeat independent review judge recusal decision panel judges completely foreclose due process claim debt gratitude endorsements newspapers interest groups politicians celebrities also give rise constitutionally unacceptable probability bias measure whether support disproportionate close personal friendship judge party lawyer give rise probability bias matter whether campaign expenditures come party party attorney lawyer must judge recuse every case involving attorney unconstitutional vary state state particular history expensive judicial elections majority objective test analyze due process issue lens reasonable person reasonable lawyer reasonable judge role causation play analysis sends conflicting signals point majority asserts hether blankenship campaign contributions necessary sufficient cause benjamin victory proper inquiry ante elsewhere opinion majority considers apparent effect contribution outcome election ante whether litigant able choos judge cause ante causation pertinent factor know whether contribution expenditure effect outcome election judge landslide judge primarily opponent missteps due process analysis less probing incumbent judges typically great advantage elections challengers final must pending case respect contributor interest example issue appeal whether certify class plaintiffs recusal required issue pending case ultimate liability cases implicated doctrine must case pending time election reasonably likely brought important unanticipated case filed shortly election impute probability bias one party another contribution corporation get imputed executives contribution expenditure one family member get imputed family members election nonpartisan election vote whether retain incumbent type support disqualifying supporter expenditures used fund voter registration efforts rather television advertisements contributions expenditures connection primary aggregated general election contributor supported different candidate primary dilute debt gratitude procedures must followed challenge state judge failure recuse may caperton claims raised direct review may claims also brought federal district allows person deprived federal right state official sue damages claims available proper defendants judge whole clerk cases already closed losing parties cases seek collateral relief federal district statutes limitation applied suits proper remedy successful caperton motion must parties start scratch lower courts part lower judgment retained litigant waive due process claim waits decision raise claim ripe decision judge actions vote suggest probability bias parties entitled discovery respect judge recusal decision judge erroneously fails recuse apply review judge get respond allegation probably biased reputation solely hands parties case parties settle caperton claim part broader settlement case leave judge way salvage reputation uncertainties quickly come mind judges litigants surely encounter others forced wish apply majority decision different circumstances today opinion requires state federal judges simultaneously act political scientists candidate win election economists financial support disproportionate psychologists likely debt gratitude inability formulate judicially discernible manageable standard strongly counsels recognition novel constitutional right see vieth jubelirer plurality opinion holding political gerrymandering claims nonjusticiable based lack workable standards kennedy concurring judgment failings many proposed standards measuring burden gerrymander imposes make intervention improper need consider countless questions helps explain common law constitutional jurisprudence never required disqualification vague grounds probability appearance bias iii credit seems recognize inherently boundless nature new rule poses problem majority answer present case extreme one need worry cases ante repeats point see ante exceptional case ante extreme facts ibid decision today addresses extraordinary situation ante facts us extreme measure ante rule confined rare instances much whistling past graveyard claims little chance success nonetheless frequently filed success rate certiorari petitions approximately yet previous term filed every one caperton motions appeals actions claim judge biased probably biased bringing judge judicial system disrepute future litigants assert case really extreme thus far extreme cases often test bounds established legal principles cost yielding desire correct extreme case rather adhering legal principle cost demonstrated often captured legal aphorism hard cases make bad law consider cautionary tale decisions halper hudson historically held double jeopardy clause applies criminal penalties civil ones see helvering mitchell halper held civil penalty violate clause overwhelmingly disproportionate damages defendant caused resulted clear injustice acknowledged inquiry exact pursuit assured litigants announcing rule rare case case one us see also kennedy concurring today holding stress constitutes objective rule grounded nature sanction facts particular case eight years later granted certiorari hudson concerns wide variety novel double jeopardy claims spawned wake halper see also novel claim recognized halper turned rare test adopted case overwhelmingly disproportionate proved unworkable internal quotation marks omitted thus abandoned halper rule ruing ill considered deviation longstanding double jeopardy principles déjà vu enough make one swoon today majority departs clear longstanding constitutional rule accommodate extreme case involving grossly disproportionate amounts money believe come regret decision well courts forced deal wide variety caperton motions claiming title extreme disproportionate convinced extreme case true blankenship spent large amount money connection election point emphasized strongly enough direct contribution blankenship justice benjamin campaign control money spent campaigns go great lengths develop precise messages strategies insensitive ad campaign independent third party might distort campaign message cause backlash candidate even though candidate responsible ads see buckley valeo per curiam unlike contributions independent expenditures may well provide little assistance candidate campaign indeed may prove counterproductive see also brief conference chief justices amicus curiae citing examples judicial elections independent expenditures backfired hurt candidate campaign majority repeatedly characterizes blankenship spending contributions campaign contributions ante accurate refer independent expenditures blankenship contributed benjamin campaign moreover blankenship independent expenditures appear grossly disproportionate compared expenditures election sake kids independent group received approximately funding blankenship spent connection election app large independent expenditures also made support justice benjamin opponent consumers justice independent group received large contributions plaintiffs bar spent approximately million race blankenship made large expenditures connection several previous west virginia elections undercuts notion involvement election intended influence outcome particular pending litigation brief petitioners also far clear blankenship expenditures affected outcome election justice benjamin comfortable margin many observers believed justice benjamin opponent doomed candidacy giving speech made several curious allegations speech described local media deeply disturbing worse app justice benjamin opponent also refused give interviews participate debates one major west virginia newspapers endorsed justice benjamin justice benjamin might voters west virginia thought better judge opponent unlike majority say degree certainty blankenship cho se judge cause ante give voters west virginia credit old cliché sometimes cure worse disease sure cases probability bias lead prudent judge step aside judge fails maybe one believe opening door recusal claims due process clause amorphous probability bias bring judicial system undeserved disrepute diminish confidence american people fairness integrity courts hope wrong respectfully dissent hugh caperton et petitioners massey coal company et al writ certiorari appeals west virginia june justice scalia dissenting principal purpose exercise certiorari jurisdiction clarify law see rule chief justice dissent makes painfully clear principal consequence today decision create vast uncertainty respect point law raised litigated cases least elect judges course urged upon us grounds preserve public confidence judicial system brief petitioners decision opposite effect else eroding public confidence nation judicial system perception litigation game party resourceful lawyer play win seemingly interminable legal proceedings wonderfully incapable delivering justice opinion reinforce perception adding vast arsenal lawyerly gambits come known caperton claim facts relevant adjudicating litigated likewise law governing indeterminate years come forever many billable hours spent poring volumes campaign finance reports many contesting nonrecusal decisions every available means talmudic maxim instructs respect scripture turn turn therein babylonian talmud tractate aboth ch mishnah epstein ed divinely inspired text may contain answers earthly questions due process clause assuredly today continues quixotic quest right wrongs repair imperfections constitution alas quest succeed wrongs imperfections called nonjusticiable best possible worlds judges sometimes recuse even clear commands prior due process law require undoubtedly relevant question however whether good harm seeking correct imperfection expansion constitutional mandate manner ungoverned discernable rule answer obvious