Court considers case on judicial ethics
Lawyer Blogs
Supreme Court justices regularly confront cases involving companies they own shares in or that employ a family member. The decision is easy — the justices have a conflict of interest that forces them to play no role in the case.
But what happens when the issue is less clear and a judge has the appearance of a conflict, but no personal stake in the outcome of a dispute? The court is considering a case that asks whether the Constitution requires judges to step aside in that instance.
The justices met in private Friday to discuss a lawsuit over a coal contract in West Virginia in which a state Supreme Court justice rejected calls to step aside because the leader of one company in the case spent more than $3 million to help him get elected.
Justice Brent Benjamin twice was in the majority in 3-2 decisions overturning a $50 million jury verdict against Massey Energy Co. Don Blankenship, Massey's president, chairman and chief executive officer, was a key Benjamin backer. Two other state court justices recused themselves from the case the second time it was under consideration.
The losing party, Harman Mining Corp., says the appearance of bias by Benjamin is so strong that Harman's constitutional rights were violated. Former Solicitor General Theodore Olson is representing Harman.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.