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It seems like you can't read a legal publication these days without coming across an article about a judge in hot water. For instance, in September, it was reported that “[a] West Virginia Supreme Court justice has refused to take himself out of a case involving the state cap on punitive damages, even though he pledged during his election campaign that he would never vote to overturn the law imposing the cap.” See “New Recusal Controversy in W.Va. High Court” (The National Law Journal, Sept. 27, 2010). Are these types of incidents simply occurring more often and, therefore, warrant reporting? We don't think so. Rather, we believe that the explosion of information about judges now available online has enabled researchers to uncover indications of possible bias, prejudice and other relevant tidbits. For instance, with respect to the above-noted incident, the justice's comments are easily found via a search online (and, notably, the justice ultimately did recuse himself. See “Ketchum Reverses Course, Recuses Himself” (West Virginia Record, Sept. 28, 2010)).
When it comes to researching information about a judge, several questions should come to mind:
How to Conduct the Research
Answers to these questions can sometimes play a critical role in how a litigator represents his/her client, but real research has to be performed. How to do it? Gone are the days when we could simply send a note to colleagues and local counsel inquiring as to their knowledge about and experience before an unknown judge ' and be done with it. Yes, their personal contact and knowledge is of critical importance, but in today's day and age, with so much information now available online, a litigator must do more.
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