Court Says Judges Must Avoid Appearance Of Bias

The West Virginia case involved more than $3 million spent by the chief executive of Massey Energy Co. to help elect state Supreme Court Justice Brent Benjamin. At the same time, Massey was appealing a verdict, which now totals $82.7 million with interest, in a dispute with a local coal company. Benjamin refused to step aside from the case, despite repeated requests, and was part of a 3-2 decision to overturn the verdict.

The coal company, Harman Mining Co., and its president, Hugh Caperton, took the case to the high court.

"Not every campaign contribution by a litigant or attorney creates a probability of bias that requires a judge's recusal, but this is an exceptional case," Kennedy said.

Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens joined Kennedy's opinion.

Chief Justice John Roberts wrote in dissent that he shares concerns about maintaining an impartial judiciary. "But I fear that the court's decision will undermine rather than promote these values," Roberts said.

Justices Samuel Alito, Antonin Scalia and Clarence Thomas also dissented.