Louis B. Butler, the University of Wisconsin Law School’s Justice in Residence, is one of 27 former justices who have filed an amicus brief in Caperton v. Massey, pending before the U.S. Supreme Court.
Caperton v. Massey has drawn particular attention because of the unusual alliance among public interest groups, large corporations, and former judges filing amicus briefs in the case, which deals with the ethics of a West Virginia Supreme Court justice who ruled in favor of a campaign contributor’s company.
An Associated Press article from January 7, 2009, reports that Wal-Mart, PepsiCo, Intel Corp. and Lockheed Martin Corp. as well as the public interest groups Common Cause and Public Citizen have all submitted arguments urging the Supreme Court to throw out an April decision by the West Virginia Supreme Court. A total of 48 groups, including the League of Women Voters and American Bar Association, have filed briefs in the case.
All believe that Brent Benjamin, now the Chief Justice of the West Virginia Supreme Court, created an appearance of bias in helping to overturn a $50 million verdict against Massey Energy Company, whose chief executive spent more than $3 million to help get Benjamin elected in 2004.
The brief that UW Law School Justice-in-Residence Butler signed, from 27 former justices of 19 state Supreme Courts, faulted the judge for not recusing himself.
Butler served as a justice on the Supreme Court of Wisconsin from 2004 through 2008. He is a 1977 graduate of the University of Wisconsin Law School.
For further information on Caperton v. Massey, 08-22, see:
http://wtopnews.com/?nid=111&sid=1566182
http://sundaygazettemail.com/Opinion/Editorials/200901070636
http://www.wvrecord.com/arguments/216758-their-view-reform-needed-in-choosing-judges
Submitted by on January 8, 2009
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