Litigation

W.Va. Chief Justice Benjamin Removes Self From a Massey Case

By Lissette Villarruel

West Virginia Supreme Court Chief Justice Brent Benjamin has recused himself from a case involving Massey Energy, saying it would be ?personally and judicially disrespectful? to the United States Supreme Court to remain involved while the Court waits to hear oral arguments on Caperton v. Massey.

An article from LegalNewsline.com reports that Benjamin has announced his “voluntary temporary recusal” from another Massey case while his actions in Caperton are under review.

Caperton is the case concerning a $50 million lawsuit against Massey Energy that was appealed by the coal company. Before the case reached the West Virginia high court, Massey CEO Don Blankenship spent $3 million to help elect Benjamin in 2004. Despite requests for his recusal, Benjamin participated in the appeal and cast the deciding vote in favor of Massey Energy.

In spite of the controversy surrounding Caperton, Benjamin indicated that he would not remove himself from another case involving the same coal company, according to a Lincoln Walks at Midnight blog. Now, he reluctantly recuses himself, saying in a memorandum to the Court,

I do not believe that disqualification is warranted based upon the motion as presented, the facts and record of this case, these parties’ previous actual record before me, and the current law of West Virginia and the United States. However, the Caperton matter is presently pending as a matter before the United States Supreme Court, and my decisions and rationales as set forth in my concurring opinion in Caperton are under appellate review.

The U.S. Supreme Court will hear oral arguments on Caperton v. Massey on March 3.

Further information concerning Caperton v. Massey can be found at earlier Gavel Grab postings or the Brennan Center for Justice Caperton Resource page.

Full post as published by The Gavel on February 05, 2009 (boomark / email).