Only a partial win
Abstract
In its recent decision in Caperton v. Massey , the U.S. Supreme Court declared that an elected state court judge must recuse himself from a case involving his largest campaign donor. The decision is a victory for common sense and fundamental fairness. Unfortunately, however, it cannot help the real losers in the 39 states that elect rather than appoint judges — those accused of crimes who rely on judges to protect their rights.
This paper has been withdrawn.