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''Caperton v. A. T. Massey Coal Co.'', , is a case in which the United States Supreme Court held that the Due Process clause of the Fourteenth Amendment requires a judge to recuse himself not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case, but also when "extreme facts" create a "probability of bias." == Background == In 1998, Harman Mining Company president Hugh Caperton filed a lawsuit against A.T. Massey Coal Company alleging that Massey fraudulently canceled a coal supply contract with Harman Mining, resulting in its going out of business. In August 2002, a Boone County, West Virginia jury found in favor of Caperton and awarded $50 million in damages. While the case was awaiting hearing in the West Virginia Supreme Court of Appeals, A.T. Massey's Chief Executive Officer, Don Blankenship, became involved in the election campaign pitting incumbent Supreme Court Justice Warren McGraw against Charleston lawyer Brent Benjamin. Blankenship created a non-profit corporation called "And for the Sake of the Kids" in order to force McGraw off the court and replace him with Benjamin〔"'The Pellican Brief' in Reality?", Jan 24, 2009 (paul-robinson.us ) (Retrieved September 1, 2014)〕 through which he contributed over $3 million in Benjamin's behalf, an amount which, if it had been contributed directly to his campaign, was about 3,000 times the maximum permissible direct contribution to an election campaign.〔 This amounted to more than the total amount spent by all other Benjamin supporters and Benjamin's own campaign committee, Much of the money went to an advertising campaign aimed at questioning McGraw's impartiality. McGraw further damaged his campaign during a speech at the 2004 United Mine Workers of America's Labor Day rally in Racine, West Virginia in which he alleged that Republican operatives were following him "looking for ugly".〔 The speech, sometimes referred to as the "Scream at Racine" or the "Scream from Racine" was featured in several campaign advertisements sponsored by the West Virginia Republican Party and may have played a large role in McGraw's defeat in November 2004.〔 In 2007, when the case came before the West Virginia Supreme Court, Caperton petitioned for Justice Benjamin to recuse himself because of Blankenship's contributions during the campaign. Benjamin declined and was ultimately part of the 3 to 2 majority that overturned the $50 million verdict. Blankenship also petitioned for Justice Larry Starcher's recusal due to a perceived public feud in which Starcher allegedly called Blankenship "stupid" and "a clown," and accused Starcher of buying a seat on the West Virginia Supreme Court. Starcher also refused to withdraw from the case, prompting a lawsuit from Massey Energy over the West Virginia Supreme Court's recusal procedures.〔〔 〕 Caperton then asked for and was granted a rehearing of the case. Justice Starcher eventually recused himself from the case and decided not to run for reelection.〔 Around the same time, Justice Spike Maynard recused himself when photos of him vacationing with Blankenship in the French Riviera while the case was pending appeared in the media. Although Maynard was heavily favored to win reelection in 2008, the photos were featured heavily in the campaign and Maynard was defeated in the primary. In April 2008, the West Virginia Supreme Court again ruled in favor of Massey, with Benjamin again joining the 3-2 majority. Represented by former U.S. Solicitor General Theodore Olson, Caperton filed a petition with the United States Supreme Court arguing that Blankenship's 2004 campaign expenditures on behalf of Benjamin's election raised an appearance of partiality on Benjamin's part, and due process required his recusal. Justice Benjamin countered that he was not biased and that because there was no direct financial or other connection between him and Blankenship, there was no obligation for him to recuse himself.〔(【引用サイトリンク】 Caperton v. Massey Resource Page: History of the Case )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Caperton v. A.T. Massey Coal Co.」の詳細全文を読む スポンサード リンク
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