Recusal Requests Expected To Increase Due to Judge’s Acceptance of Political Contributions

A recent Supreme Court case may well have an effect on local cases in jurisdictions where there are judicial elections. Indeed, this may have an effect on some states’ analyses on whether to have elections at all, though, one may appropriately wonder whether ANY involvement in the political process (whether by appointment or elections) may have a bearing on the recusal analysis.

From the ABA

Court Watchers Predict ‘Deluge’ of Recusal Requests in Light of Caperton
Posted Jun 11, 2009, 10:57 am CDT
By Molly McDonough

This week’s U.S. Supreme Court ruling that a West Virginia Supreme Court justice should have recused himself from a case involving a party that helped fund his campaign has lawyers across the country predicting a “deluge” of recusal requests.

But judges told the New York Times that few situations would involve conflicts serious enough to result in actual recusals.

On Monday, the Supreme Court held 5-4 that Justice Brent Benjamin should not have participated in a case involving a coal mining executive from Massey Coal Co. Justice Anthony M. Kennedy wrote in the Caperton v. A. T. Massey Coal Company majority opinion that due process required recusal. Benjamin had twice voted with a 3-2 majority to overturn a $50 million verdict against Massey Energy, despite the large judicial campaign contributions made by CEO Don Blankenship.

One thing is for certain, scrutiny of conflicts will increase.

“You’re going to see a much greater analysis put to the campaign contributions that elected judges get,” ABA President H. Thomas Wells Jr., told the Times.

Because such large campaign donations are rare, Bradley A. Smith, chair of the Center for Competitive Politics, which opposes campaign regulations for First Amendment reasons, said “I wouldn’t think you would find judges panicking” and saying “Whoo! I’d better go over my docket!”

But lawyers told the Times that they see opportunity in the high court’s ruling.

John Wesley Hall Jr. of Little Rock, Ark., said the Caperton ruling gives lawyers who file recusal motions “an issue to argue” on constitutional grounds.

Meanwhile, some states have already started to review where lines should be drawn. Wisconsin will hold rule-making hearings in the coming fall focusing on the influence of political contributions to judges.

William Blackford is an Anne Arundel County Lawyer.

Right To Counsel Wins Again

High Court Overrules Decision Barring Questioning After Lawyer Appointment
Posted May 26, 2009, 09:49 am CDT
By Debra Cassens Weiss

The U.S. Supreme Court has overruled a 23-year-old decision that bars police from questioning suspects without the presence of an appointed lawyer.

The court overturned the 1986 decision, Michigan v. Jackson, according to the Associated Press and SCOTUSblog. The Jackson ruling had held that once a suspect has asserted a right to counsel, any waiver of that right during police questioning is not valid unless the suspect initiated communication with the officers.

Justice Antonin Scalia wrote the majority decision in the 5-4 case, Montejo v. Louisiana. He said Jackson had required “voluntariness on stilts” and noted that other Supreme Court decisions protect defendants from being badgered into confessing.

Petitioner Jesse Montejo waived his Miranda rights when police questioned him in connection with the robbery and murder of the owner of a dry cleaners. He ultimately confessed to the crime. During a later preliminary hearing a judge ordered the appointment of a public defender. After another visit by detectives, Montejo wrote a letter of apology, which was introduced at his trial and challenged on appeal.

“When a court appoints counsel for an indigent defendant in the absence of any request on his part, there is no basis for a presumption that any subsequent waiver of the right to counsel will be involuntary,” Scalia wrote in the opinion (PDF).

“No reason exists to assume that a defendant like Montejo, who has done nothing at all to express his intentions with respect to his Sixth Amendment rights, would not be perfectly amenable to speaking with the police without having counsel present. And no reason exists to prohibit the police from inquiring.”

Scalia wrote that the Supreme Court has protected defendants in three other opinions:

• Miranda v. Arizona, requiring defendants to be advised of the right to a lawyer and the right against self-incrimination.

• Edwards v. Arizona, which requires police interrogation to stop once a defendant invokes his right to have counsel present.

• Minnick v. Mississippi, which bars further police interrogation without the presence of counsel after the initial request for a lawyer.

“These three layers of prophylaxis are sufficient,” Scalia wrote. “Under the Miranda-Edwards-Minnick line of cases (which is not in doubt), a defendant who does not want to speak to the police without counsel present need only say as much when he is first approached and given the Miranda warnings. At that point, not only must the immediate contact end, but ‘badgering’ by later requests is prohibited.”

“Jackson was policy driven, and if that policy is being adequately served through other means, there is no reason to retain its rule. Miranda and the cases that elaborate upon it already guarantee not simply noncoercion in the traditional sense, but what Justice Harlan referred to as ‘voluntariness with a vengeance,’ 384 U. S., at 505 (dissenting opinion). There is no need to take Jackson’s further step of requiring voluntariness on stilts.”

William Blackford is an Anne Arundel County Lawyer.

Your Maryland Criminal Defense Attorney

Most people never expect to need a Maryland criminal defense attorney. However, things can happen unexpectedly. If you have been accused of a crime, your criminal defense attorney can serve as both ally and guide, helping you through to navigate the process and build your defense. Of course, not all criminal defense lawyers are the same. Provided here is a basic guide to hiring a criminal defense attorney.

Finding an Attorney

A quick look in the Yellow Pages or search on your favorite internet search engine will reveal numerous advertisements for criminal defense lawyers. The first step is to narrow the field to a few potential candidates.

Criminal Defense for the Accused

Criminal defense can be confusing to many people. If you are accused of a crime, you may wonder what will happen next. You may not know how to hire a Maryland lawyer or what to do to defend yourself. Fortunately, in the United States, criminal procedure follows a series of steps. Knowing how the process works can help you to stay calm and make the correct decisions. Each case is different, so it is important to retain a criminal defense attorney in your location. Provided here is a general guide to criminal procedure.

Miranda Rights and Criminal Defense

Although criminal defense may take many forms, it begins with the invocation of certain basic Constitutional rights. These rights are commonly known as Miranda rights. Most Americans have a basic awareness of the Miranda rights, but may not know exactly what is involved. If you are unsure whether your Miranda rights have been violated, it is important that you seek the advice of a qualified maryland criminal defense lawyer. Provided here is a general guide to Miranda rights, which is not intended to serve as legal advice.

Miranda v. Arizona

Miranda rights are named for Ernesto Miranda, who was arrested for rape in 1963. At that time, defendants were not informed of their rights, but were granted permission to speak with a criminal defense lawyer if they requested it.

Three Stikes Laws and Criminal Defense

Three strikes laws can complicate criminal defense procedures for clients who are accused of their third criminal offense. Three strikes laws are based on the belief that some offenders simply cannot be reformed. Under the terms of these laws, offenders who are convicted of felonies for the third time are automatically sentenced to life in prison with no chance of parole for many years (usually, but not always, 25 years). Over 20 states including Maryland as well as the federal government currently have these laws on the books. However, the laws vary somewhat between legislatures.

Three strikes laws were designed to keep violent offenders off the streets. However, many a maryland criminal defense lawyer argue that these laws are unnecessarily harsh on many nonviolent offenders whose crimes are relatively minor.

Finding a Maryland Personal Injury Lawyer

If you are injured due to someone else’s actions, it is reasonable to expect to be compensated for your personal injuries. However, the reality is that, in Maryland, this does not always happen without a fight. You may be unaware of exactly what your rights are and how to proceed in obtaining the personal injury money to which you are legally entitled. A Maryland personal injury lawyer can help you through the process. However, you must be careful in making your selection. Not all personal injury lawyers are created equal, and choosing the wrong attorney can be expensive. Here is a guide to finding a Maryland personal injury attorney.

Hiring a Maryland Criminal Defense Lawyer

If you are accused of a felony or misdemeanor in Maryland, it is strongly recommended that you consult with a Maryland criminal defense lawyer. Even if you plan to act as your own attorney in Maryland court, which may be possible in some cases, you will benefit from receiving expert legal advice about the proceedings. An attorney can give you his or her expert opinion about the likely progression of the case, including motions to file, possible defenses and even possible consequences of being found guilty.If the crime is at all serious, it is highly recommended that you retain a Maryland attorney for the entire process. However, many people are unsure how to find and hire an attorney in Maryland. Here is a short guide to the hiring process.

Understanding Criminal Law

If you are accused of a crime in Maryland, you will likely be concerned about what happens next. It is highly recommended that you seek the advice of a qualified Maryland attorney who can help you through the process and give you an expert opinion on your particular case. To assist the beginning process, here is a general overview of criminal law.

Working with your Maryland Lawyer

No matter where you live, working with a lawyer can be difficult at times. If you have done your homework and found a great attorney, then you and your lawyer will both have your best interest at heart. However, how to go about achieving the results you want, or even what results to try to obtain, can become a source of debate. Here is what you need to know about working with your lawyer during difficult times.