Legal News

Another Justice to Step Down in Massey Energy Case

By Ashby Jones

Late on a Friday afternoon, hard-at-work Pittsburgh-based WSJ reporter Kris Maher kindly sent along yet another dispatch on the situation involving the West Virginia Supreme Court and Massey Energy.

This afternoon, Justice Larry Starcher recused himself from the case which involves Massey Energy Co. and a bankrupt coal company. He said he was bowing to a request made by Massey because of his outspoken criticism of the company and its CEO Don Blankenship. But at the same time, he urged yet another justice to recuse himself because of past political support from Blankenship. You can find Starcher’s statement here.

That makes two justices so far on the five-member court who have disqualified themselves from the case. Chief Justice Elliott “Spike” Maynard recused himself on January 18, shortly after photographs surfaced of him vacationing with Mr. Blankenship in Monaco in 2006 while the case was pending before the court. The court agreed to vacate a decision last November that favored Massey by voiding a $76.3 million judgment against the company. A reconfigured court plans to rehear the case on March 12. Click here, here, here and here for earlier posts on the situation.

A third justice, Brent Benjamin, has declined to recuse himself despite motions asking to disqualify him because Blankenship spent $3.5 million to support Justice Benjamin’s judicial election in 2004. As acting chief justice in the case, Benjamin moved quickly today to appoint Marion County Circuit Judge Fred L. Fox, II, to replace Justice Starcher.

Justice Starcher has been publicly critical of Massey and its CEO in the past and he did not shy away from some digs in his recusal, saying he believed he could still remain impartial. “It is no different than judging drunk drivers, spousal abuse, criminal behavior of an individual, certain reprehensible behavior of tobacco companies or the conduct of predatory lenders – behavior which I personally abhor, yet professionally pass judgment on regularly.”

Starcher also suggested that Benjamin should recuse himself from the case as a result of the financial support Blankenship devoted to his election to the court.

A spokeswoman for the court said that Benjamin doesn’t comment on ongoing cases. A Massey spokesman couldn’t immediately be reached to comment on Friday.

A lawyer for Hugh Caperton, president of Harman Development Corp., the bankrupt coal company opposing Massey in the case, released a statement commending Justice Starcher’s decision to step down and blasting Benjamin’s decision to stay on: “How Justice Benjamin can ignore the obvious and continue to sit on this case, especially as the acting chief justice with its power of appointment, is disturbing and inexplicable.”

Full post as published by Law Blog - WSJ.com on February 15, 2008 (boomark / email).