Legal News

Justice Benjamin in Massey Energy: I?m Not Going Anywhere

By Dan Slater

With dissension descending on the ranks of the West Virginia Supreme Court, the recusal bonanza in the Massey Energy case just got a whole lot more interesting. Despite poking and prodding from his colleagues, Justice Brent Benjamin said Thursday that he will not disqualify himself from a case between Massey Energy and several smaller mining companies — a case in which two of his fellow justices have already bowed out.

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.

Chief Justice Elliott “Spike” Maynard removed himself from the case last month after photos surfaced showing the judge and Blankenship vacationing together in France. Justice Larry Starcher stepped down last week, saying his public opinions of Blankenship could create the appearance of bias.

At the time, Starcher also suggested that Benjamin should recuse himself as a result of the $3.5 million Blankenship spent in 2004 to get Benjamin elected over then-Justice Warren McGraw. But Benjamin, now the acting chief justice in the case, isn’t budging. According to reports, in response to a motion for his recusal, Benjamin said there’s no evidence he’s biased.

LB readers, can anyone help us out here? What do the rules of ethics generally say about judges hearing cases from campaign contributors? And rules aside, do you think Benjamin should recuse himself?

Full post as published by Law Blog - WSJ.com on February 22, 2008 (boomark / email).