Chief Justice Marilyn Kelly of the Michigan Supreme Court released a statement reacting to the U.S. Supreme Court’s ruling in Caperton v Massey. The Chief Justice praised the ruling and said that it will be helpful to the Michigan Supreme Court as they consider new rules governing when a judge must disqualify themselves from hearing a case.
Kelly agreed with the Caperton majority in not requiring a “hard-and-fast rule about how large a contribution will require a judge’s disqualification. Instead, the focus is on the contribution’s size relative to the total amounts raised and spent, and the apparent impact on the election.”
“I think the U.S. Supreme Court makes it clear that the states’ codes of judicial conduct are the primary protection against judicial campaign abuses,” she said. “We’re already working on strengthening disqualification rules for this Court, and Caperton signals that we do need to have appropriate protections in place.”
Rich Robinson of the Michigan Campaign Finance Network, who has lobbied for strict judge recusal standards, also praised the Caperton ruling, calling it a “victory for impartial justice.” He also noted the importance of the ruling in underscoring the need for the Michigan Supreme Court to establish sound standards for disqualification in this state.
“This decision underscores the wisdom of the Michigan Supreme Court’s ongoing effort to establish workable recusal standards for itself that will consider extreme campaign spending of the sort that has become a regular feature of contemporary Michigan Supreme Court election campaigns,” Robinson said.