The Judicial Ethics Forum (JEF)

An Academic Discussion of Judicial Ethics, Discipline & Disqualification

Call for Papers

Posted by graycynthia on Wednesday, August, 5, 2009

The Drake Law Review and the American Judicature Society are pleased to announce the Seventh Annual American Judicature Society-Drake Law Review Symposium Issue:  The State of Recusal: Judicial Disqualification, Due Process, and the Public’s Post-Caperton Perception of the Integrity of the Justice System.

The United States Supreme Court’s recent decision in Caperton v. A.T. Massey Coal Co. settled that due process requires an objective analysis of the question of judicial impartiality.   However, like most Supreme Court decisions, it raised as many questions as it answered.   Most obviously, the Caperton decision raised questions about the effects of judicial campaign spending on judges’ perceived and actual impartiality.  In addition, Caperton presents questions about the role of federal courts in ensuring impartiality in state courts.  And at the deepest level, the debate about judicial disqualification raises questions about due process guarantees in the context of elected judiciaries.   The debate over judicial disqualification should be broadened in light of these issues.   The Drake Law Review is seeking articles that address issues implicated by judicial disqualification, including, but not limited to, the following considerations:

• The First Amendment implications of the decision in Caperton;

• How state courts should implement the holding in Caperton in their codes of judicial conduct;

• The answers to Chief Justice Roberts’s 40 questions;

• The balance between the various competing values implicated by judicial disqualification;

• Issues relating to standards and procedures for judicial disqualification;

• The unique challenges relating to judicial disqualification in small jurisdictions and on appellate courts;

• The effect of judicial disqualification on the popular legitimacy of the judicial system.

Articles from all backgrounds will be considered, from academic evaluations of the law to empirical studies on judicial disqualification rules and procedures.   The Drake Law Review invites you to participate in this collaboration by submitting an article to be published in this highly regarded issue of the Review.   If you would like to participate in this unique collaborative effort, please contact the Editor in Chief of the Drake Law Review as soon as possible.   All general topic proposals must be submitted by December 4, 2009.   The deadline for completed articles is January 29, 2010.   Final decisions regarding publication are made by the Drake Law Review.  Drake Law Review, 2507 University Avenue Des Moines, Iowa 50311 Phone: (515) 271-2930; Fax: (515) 271-4926; email: law.review@drake.edu; http://students.law.drake.edu/lawreview

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