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Caulkins v Prizker Recusal Thread

mauserme

By mauserme
in Judicial Second Amendment Case Discussion

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steveTA84 Member

steveTA84

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Posted

So lookie here. Seems Judge Rochford and O’brien need to recuse themselves.....

 

https://ballotpedia.org/Caperton_v._A.T._Massey_Coal_Co.

 

Caperton v. A.T. Massey Coal Co. is a 2009 United States Supreme Court case in which the court held that the 14th Amendment Due Process Clauserequires judges to recuse themselves from cases that represent a probability of bias.[1][2] The case involved Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia refusing to recuse himself from a case involving a major donor to his election campaign. The range of conflicts of interest that require judges to recuse themselves expanded following the U.S. Supreme Court's ruling. 

HIGHLIGHTS
  • The case: A CEO donated large sums of money during a judicial election while his case was working through the appeals process. The judge he supported won the election and subsequently refused to recuse himself from the CEO's case and ruled in his favor. The other party to the case sued, saying the judge should have recused himself.
  • The issue: Whether a judge's failure to recuse himself from a case when he received campaign donations from one of the parties was a violation of the Due Process Clause of the 14th Amendment.[3]
  • The outcome: The Supreme Court reversed and remanded the lower court's ruling. The opinion held that a probability of bias required Justice Benjamin to recuse himself from the Massey case.
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steveTA84 Member

steveTA84

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https://waronguns.com/the-finest-judges-money-can-buy/
 

Yesterday we explored how Gov. Pritzker of Illinois played fast and loose with campaign finance rules to stack the state Supreme Court he is appealing his “assault weapon” ban legal setback to.

Mom-at-Arms has updated its report to prove a conflict of interest and to cite U.S. Supreme Court precedent. Bishop On Air says “recuse.” (14:56)

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steveTA84 Member

steveTA84

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Posted (edited)
On 3/7/2023 at 2:21 PM, Dumak_from_arfcom said:

 

Start it at 14:22 and Caulkin's lawyer doesn't sound like he is going to push for recusals.  

I believe that was from Friday, no? If not and it’s new, this stinks to high heaven 

 

edit: went back and watched. Kinda a “I think they’ll do the right thing” general answer, but still, wasn’t this Friday? Anyways, if they don’t recuse themselves, that sets up a potential federal lawsuit against the judges, the ILSC for violating a SCOTUS opinion that is clear cut the same thing 

Edited by steveTA84
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Dumak_from_arfcom Member

Dumak_from_arfcom

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Posted
On 3/7/2023 at 2:41 PM, steveTA84 said:

I believe that was from Friday, no? If not and it’s new, this stinks to high heaven 

 

edit: went back and watched. Kinda a “I think they’ll do the right thing” general answer, but still, wasn’t this Friday? Anyways, if they don’t recuse themselves, that sets up a potential federal lawsuit against the judges, the ILSC for violating a SCOTUS opinion that is clear cut the same thing 

 

Yeah, I think you are correct.  That part was from Friday.   

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steveTA84 Member

steveTA84

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https://www.thecentersquare.com/illinois/article_a2c00992-bd36-11ed-b4f1-8fb9779f6a34.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share
 

(The Center Square) – Gov. J.B. Pritzker doesn’t just appear at the top as a defendant in the Macon County gun-ban challenge in front of the Illinois Supreme Court. He’s also the top donor for two supreme court justices’ campaigns.

Pritzker donated a total of $2 million to then-Illinois Supreme Court candidates Mary O’Brien and Elizabeth Rochford, $1 million each.

The governor signed a law in 2022 that capped contribution limits in such campaigns to $500,000 from “any single person.” Despite that, to each candidate, half a million came from each of Pritzker’s political campaign and his revocable trust.

Illinois House Speaker Emanuel “Chris” Welch, D-Hillside, is also a top donor to the justices with O’Brien receiving $350,000 and Rochford receiving $150,000 from The People for Emanuel Chris Welch fund. Welch is another top defendant in the gun-ban challenge and the challenge against Illinois’ no-cash bail law that’s currently on hold pending appeal.

Rochford and O’Brien won in November and now sit on the bench of seven at the state's highest court.

On Monday evening, the court processed a direct appeal from the Illinois Attorney General in the Macon County case challenging Illinois gun ban. The unsigned proposed agreed order plans briefs from each side through March and April with oral arguments in mid-May.

The Illinois Supreme Court is set to hear arguments in the no-cash bail case on March 14. It’s unclear if O’Brien and Rochford will recuse themselves in either case. Justices can be listed as “took no part” in certain cases when opinions are issued.

Chris Forsyth with the nonpartisan Judicial Integrity Project out of Colorado said trust in the judicial system is crucial in American society.

“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Forsyth told The Center Square.

Regardless of the case, he said the judiciary must always be above reproach.

“Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so,” Forsyth said. “In some cases they have found political donations to be so grave that there is a conflict of interest that is impermissible.”

One solution to appease perceived conflicts is recusal. Another is oversight.

“Your judicial discipline commission should be watching the situation closely as to what’s going on,” Forsyth said.

The State of Illinois Judicial Inquiry Board receives, initiates and investigates complaints concerning active Illinois state court judges.

“Additionally, when warranted, it is the responsibility of the Judicial Inquiry Board to file a public complaint against a judge with the Courts Commission,” the board’s website says. “The Constitution mandates that all proceedings of the Judicial Inquiry Board shall be confidential except the filing of a complaint with the Courts Commission.”

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steveTA84 Member

steveTA84

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Starting to hit the satellite local (IL) outlets 

 

https://www.cities929.com/2023/03/07/pritzker-defendant-in-gun-challenge-gave-2-million-to-2-high-court-justices/

 

https://www.news-journal.com/pritzker-defendant-in-gun-challenge-gave-2-million-to-2-high-court-justices/article_d014771c-cfed-5f86-89f4-b8d8dc15bb6a.html
 

https://www.mdjonline.com/neighbor_newspapers/extra/news/pritzker-defendant-in-gun-challenge-gave-2-million-to-2-high-court-justices/article_66f844f2-0dda-540f-b40a-eb5132ad0b09.html

 

https://www.wmay.com/2023/03/07/pritzker-defendant-in-gun-challenge-gave-2-million-to-2-high-court-justices/

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steveTA84 Member

steveTA84

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New info found. Everytown/MDA didn’t just endorse them, they bankrolled them too. 
 

https://www.everytown.org/press/elizabeth-rochford-and-mary-obrien-everytown-supported-gun-sense-candidates-win-in-illinois/

 

Everytown spent more than $700,000 in Illinois and Michigan this election to support State Supreme Court candidates,  including Elizabeth Rochford and Mary O’Brien. Moms Demand Action and Students Demand Action volunteers made over six million calls and texts to support gun sense candidates in Illinois. 
Read more about Everytown’s electoral engagement in Illinois this cycle.

 

 

Obviously:

 

 

https://www.everytown.org/press/everytown-giffords-brady-applaud-illinois-senate-for-passing-gun-safety-package-the-protect-illinois-communities-act/
 

SPRINGFIELD, IL – Everytown for Gun Safety, Giffords, and Brady released statements applauding Illinois Senate lawmakers for passing the Protect Illinois Communities Act, a critical gun violence prevention legislative package. The bill now returns to the Illinois House for concurrence. 

 

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mab22 Member

mab22

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Posted
On 3/7/2023 at 8:39 PM, steveTA84 said:

New info found. Everytown/MDA didn’t just endorse them, they bankrolled them too. 
 

https://www.everytown.org/press/elizabeth-rochford-and-mary-obrien-everytown-supported-gun-sense-candidates-win-in-illinois/

 

Everytown spent more than $700,000 in Illinois and Michigan this election to support State Supreme Court candidates,  including Elizabeth Rochford and Mary O’Brien. Moms Demand Action and Students Demand Action volunteers made over six million calls and texts to support gun sense candidates in Illinois. 
Read more about Everytown’s electoral engagement in Illinois this cycle.

 

 

Obviously:

 

 

https://www.everytown.org/press/everytown-giffords-brady-applaud-illinois-senate-for-passing-gun-safety-package-the-protect-illinois-communities-act/
 

SPRINGFIELD, IL – Everytown for Gun Safety, Giffords, and Brady released statements applauding Illinois Senate lawmakers for passing the Protect Illinois Communities Act, a critical gun violence prevention legislative package. The bill now returns to the Illinois House for concurrence. 

 

Thanks for going deeeep on them. 
Now do Caulkins. 😉

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