Court sends strong message about appearance of judicial impropriety

Last week, the U.S. Supreme Court decided in Caperton v. Massey Coal Co. that we cannot risk even the appearance of impropriety in our courts. Because of Missouri's Nonpartisan Court Plan, the Caperton case could not have happened in Missouri. That's good. But the Caperton decision by itself can't protect our courts from the excesses of money and politics. That requires an informed public that will stand up against any attempts to politicize our state courts.

The Caperton decision settled a conflict in West Virginia, where a state supreme court judge refused to recuse himself from hearing an appeal involving Massey Coal, which had given him a $3 million campaign contribution.

At issue wasn't whether the judge had ruled for the coal company because of the donation. The issue was whether due process of the law requires a judge who has accepted a major donation from a company to recuse himself from cases that come before him concerning that company. The Supreme Court said it did. In other words, there was a risk that a judge might be biased in favor of such a major donor, and that risk translated into the appearance of impropriety.

The election of judges isn't a bad thing. Trial-level judges in outstate Missouri are elected. Partisan politics isn't improper either.

But the Caperton decision is a strong message from the U.S. Supreme Court that we must protect our courts from the possibility of money or politics intruding into the courtroom. Missouri's Nonpartisan Court Plan does just that.

THOMAS M. BURKE, President, The Missouri Bar, St. Louis