Biased? Probably Not: How the Rule in Caperton v. A.T. Massey Coal Co. Affects Texas Administrative Law Judges and the Elected Appellate Judiciary

Abstract

In “Biased? Probably Not: How the Rule in Caperton v. A.T. Massey Coal Co. Affects Texas Administrative Law Judges and the Elected Appellate Judiciary,” author Adam Whitten describes the U.S. Supreme Court decision in Caperton, which requires judicial recusal when there is a likelihood of bias. Whitten then expands on the facts and history of the case, and follows with a discussion of the dissenting opinion and the case in light of other similar cases such as Citizens United. Additionally, Whitten discusses the authority and duty of Texas Administrative Law Judges and the role of the elected judiciary. The author proposes several solutions to the problems with judicial bias, including the elimination of agency hearing officers in contested cases and amending the government code to allow the State Commission on Judicial Conduct to hear cases involving State Office of Administrative (SOAH) judges. Whitten also describes a possible amendment to the circumstances for recusal which focuses on campaign contributions to the elected judiciary.