By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against the company of the most generous supporter of his election deprived the other side of the constitutional right to a fair hearing.

"Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause," Justice Anthony Kennedy said for the court.

With multimillion-dollar judicial election campaigns on the rise, the court's decision Monday could have widespread significance. Justice at Stake, which tracks campaign spending in judicial elections, says judges are elected in 39 states and that candidates for the highest state courts have raised more than $168 million since 2000.

"Judicial elections have become more expensive, more negative and more subject to influence by special interest groups," said Chief Justice Margaret Marshall of Massachusetts, president of the Conference of Chief Justices.

The West Virginia case involved more than $3 million spent by the chief executive of Massey Energy Co. to help elect state Supreme Court Justice Brent Benjamin. At the same time, Massey was appealing a verdict, which now totals $82.7 million with interest, in a dispute with a local coal company. Benjamin refused to step aside from the case, despite repeated requests, and was part of a 3-2 decision to overturn the verdict.

The coal company, Harman Mining Co., and its president, Hugh Caperton, took the case to the high court.

The justices' action Monday ends the effort by Tyco's former CEO L. Dennis Kozlowski and former CFO Mark Swartz to overturn their convictions. They are serving prison terms of 8 1/3 to 25 years for taking unauthorized pay.

The former executives said their trial was flawed because they were denied access to certain documents that would have helped persuade the jury of their innocence.

A New York State appeals court previously upheld the convictions.

Stewart P. Glenn, a partner in the Newburgh law firm of Glenn & Breheney PLLC is this year’s recipient of the Orange County Bar Association Outstanding Service Award. Bar Association President Steven I. Milligram, Esq. and Mr. Glenn’s law partner, Mary Fern Breheney, Esq. made the presentation at the Orange County Bar Association’s Annual Meeting held at the Fountains at Wallkill Golf Club on May 7th.

Among other things, Mr. Glenn’s service to the community included 10 years on the Board of Trustees of St. Luke’s Hospital in Newburgh, 14 Years on the City of Newburgh Zoning Board of Appeals, service as Campaign Chairman and President of the Board of Orange Area United Fund (now a part of United Way of Orange County), 30 years on the Board, including a term as Chairman of the Board and currently Emeritus status of Eastern Orange County Chamber of Commerce (now a part of Orange County Chamber of Commerce), a 30 year tenure on the Board of the Amos and Sarah Holden Home, an adult home in Newburgh and several years of work with the Newburgh Jaycees as Chairman of several projects, as well as serving as Treasurer and President. In addition, he served on the Troop Committee of Boy Scout Troop 27 in Newburgh and as a youth soccer coach.

In New Paltz, where Mr. Glenn resides, he serves as a Board Member and Secretary of the New Paltz Community Foundation, as a Member of the Board of Trustees of Huguenot Historical Society, New Paltz, N.Y. and as a member of the Community Improvement Team. He serves on the New Paltz Regional Chamber of Commerce Clean Sweep Committee. He and his law partner, Mary Fern Breheney, Co-Chaired the inaugural Hudson Valley Estate Planning Council public awareness and education program "Estate Planning Day" at SUNY New Paltz and they will be doing so again for the program which is to take place on October 24th of this year.

The opinion was requested by Gov. Jack Markell, who has signed a bill that would make Delaware the only state east of the Rocky Mountains to offer sports wagering.

In a 22-page ruling dated Wednesday, the court says the state constitution permits lotteries that have an element of skill, as long as chance is the predominant factor in winning or losing.

The justices also say the proposed sports lottery satisfies the constitutional requirement that lotteries be under state control.

The NFL opposes the lottery and has said it may challenge the bill in court.