Tumey v. Ohio
Tumey v. Ohio, 273 U.S. 510 (1927), is a US Supreme Court case, concerning the due process of judicial disqualification.[1] The court struck down an Ohio law that financially rewarded public officials for successfully prosecuting cases related to Prohibition.[2][3] The court's decision in this case continues to provide precedent today in many cases involving judicial impartiality.[4]
Tumey v. Ohio | |
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Argued November 29–30, 1926 Decided March 7, 1927 | |
Full case name | Tumey v. State of Ohio |
Citations | 273 U.S. 510 (more) 47 S. Ct. 437; 71 L. Ed. 749; 1927 U.S. LEXIS 708 |
Case history | |
Prior | Petition in error dismissed, Tumey v. State, 115 Ohio St. 701, 155 N.E. 698 (1926). |
Court membership | |
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Case opinion | |
Majority | Taft, joined by a unanimous court |
Laws applied | |
U.S. Const. amend. XIV |
Background
The mayor of the village of North College Hill, Ohio received $12 for every defendant convicted before him. Ed Tumey was convicted before the mayor of unlawfully possessing intoxicating liquor.
Opinion of the Court
The court held that Tumey's conviction violated the Fourteenth Amendment, reasoning that it "deprives a defendant in a criminal case of due process of law to subject his liberty or property to the judgment of a court, the judge of which has a direct, personal, substantial pecuniary interest in reaching a conclusion against him in his case."[5]
References
- Tumey v. Ohio, 273 U.S. 510 (1927).
This article incorporates public domain material from this U.S government document.
- Blount, Jim, "U. S. Supreme Court decision stopped crusading village mayors Archived 2007-10-26 at the Wayback Machine,” Journal-News, February 12, 2003. Retrieved on 3/30/2008.
- “Tumey v. Ohio,” Ohio History Central, July 1, 2005. Retrieved on 3/9/2008.
- Layman, James, “Judicial Campaign Speech Regulation: Integrity or Incentives?,” Georgetown University Law Center, Summer 2006.
- Tumey, 273 U.S. at 523.
- Kastenberg, Joshua E., Chief Justice William Howard Taft's Conception of Judicial Integrity: The Legal History of Tumey v. Ohio (2017). Cleveland State Law Review. Available at SSRN: https://ssrn.com/abstract=2959072
External links
- Text of Tumey v. Ohio, 273 U.S. 510 (1927) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress