The Briefs

The following are excerpts from key briefs in Caperton v. Massey. To see the full brief, click the "scales of justice" icon or the name above each quote. To see other “friend of the Court” briefs supporting and opposing Justice Brent Benjamin's recusal, click the links below, or visit the Brennan Center for Justice's Caperton resource page.

Petitioner (Hugh Caperton):

“Justice Benjamin’s refusal to recuse himself denied petitioners their fundamental due process right to an impartial judge and, in so doing, substantially undermined the integrity of the West Virginia judicial system.”

Respondent (Massey Energy):

“This Court has never adopted a ‘looks bad’ due process test. … Because he had no pecuniary interest in the outcome, Justice Benjamin was not constitutionally barred from participating in the decision.”

Conference of Chief Justices (“friend of the Court” brief):

“Under certain circumstances, the Constitution may require the disqualification of a judge … because of extraordinarily out-of-line campaign support.”
(Note: the Conference of Chief Justices is a group of all state and territorial chief justices in the United States. By policy, CCJ does not support either side in a court dispute)

"Friend of the Court" briefs supporting judge's recusal
"Friend of the Court" briefs opposing judge's recusal
 

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