Kentucky

If Caesar's wife must be above suspicion, then what about Caesar?

I just received an email from West Virginia that highlights the fact that someone is always watching as a West Virginia Supreme Court Chief Justice was traveling the French Riviera when pictures were taken of him with a litigant before the Court for whom he ruled favorably later.  Favorably to the tune of $76.3 million. 

For this reason and this risk, that is why judicial politics and campaign contributions are like oil and water - they don't mix and are greasy to boot. 

This all came to the surface in a motion filed in Court which also included photographs, many of which are still sealed.

The motion apparently claims the worst, and Blankenship's spokesperson's dispute the characterization they were vacationing together.

Even taking the coal exec's spin on it, there is trouble in coal country's courts. 

Now go one step further and rather than having a vacationing connection (or even a hunting weekend in the Cheney/Rehnquist tradition) you add campaign contributions and the public's perceptions may not be too favorable.

New York Times Story:  "Motion Ties W. Virginia Justice to Coal Executive".  The justice is on the left and the coal exec on the right in the following photo.

A justice of the West Virginia Supreme Court and a powerful coal-company executive met in Monte Carlo in the summer of 2006, sharing several meals even as the executive?s companies were appealing a $50 million jury verdict against them to the court.

The photos are included in a motion asking the judge to step aside in the appeal of a $50 million award against Massey.

A little more than a year later, the justice, Elliott E. Maynard, voted with the majority in a 3-to-2 decision in favor of the coal companies.

Justice Maynard, who is now West Virginia?s chief justice, and Don L. Blankenship, the chief executive of Massey Energy, were ?vacationing together,? according to a motion seeking Justice Maynard?s disqualification, which was filed on Monday.

A spokesman for Massey Energy disputed that characterization.

?Both Blankenship and Justice Maynard were separately vacationing in the Monte Carlo area,? said the spokesman, Jeff Gillenwater. ?They were not vacationing together. They did meet occasionally for meals ? lunches and dinners.?

Here is the email with links to on-line stories:

West Virginia Chief Justice Goes to French Riviera with Coal CEO
Oh Yeah, While a $76.3 Million Verdict was Before the Court

Democrat in name only, Chief Justice Elliott "Spike" Maynard vacationed along the French Riviera with Don Blankenship, the politically controversial CEO of Massey Energy.  No biggy, except... there was a $76.3 million verdict against the coal company pending before the WV Supreme Court.  And how did Spike rule in that case?  You guessed it, he was part of the 3-2 decision to throw out the verdict, which meant the end of one of Massey Energy's competitors, which meant the end of hundreds of union jobs.

Below is a link to the WV Gazette and the NY Times articles.  Some nice photos.  But the reporter never asked how Spike and his grilfriend arrived in Monaco.  Could the couiple have travelled on Mr. Blankenship's private $40 million jet with his girlfriend?  We'll know that sooner or later.  And what did they do while in Monaco?  Seems to me the place is known for "gaming," a past time not too popular with the more conservative voters of West Virginia.  One thing is certain, if Mr. Blankenship paid for the trip, he sure got a great deal, especially if you compare how much he spent on Justice Brent Benjamin's election in 2004.

You just can't make up this stuff. 

http://www.nytimes.com/2008/01/15/us/15court.html?scp=2&sq=west+virginia

http://www.wvgazette.com/section/News/2008011427?pt=20