Maybe we need a new way to hire our Supreme Court Justices??

Coal operator says photos show Maynard should not hear appeal

By Paul J. Nyden
Staff writer


A mining company owner filed a stack of photos with the state Supreme Court on Monday, images that he says are of Chief Justice Elliott “Spike” Maynard and Massey Energy CEO Don Blankenship vacationing together in Monaco.

Hugh M. Caperton, owner of Harman Mining Corp., said the photos back his contention that Maynard should disqualify himself from voting on his appeal of the Supreme Court’s Nov. 20 ruling that overturned a Boone County verdict against Massey, now worth $76.3 million, in a 3-2 vote.

The court is currently considering earlier motions by Caperton, Harman and the United Mine Workers to reverse that ruling.

Monday’s motion also asks Maynard “to withdraw his vote in support of the majority opinion of this court issued on Nov. 20.”

In August 2002, a Boone County jury found Blankenship and Massey improperly stripped Harman of a coal supply contract, forcing Harman into bankruptcy.

Monday’s motion asks “Maynard [to] disqualify himself from participating in any further proceedings involving these litigants. ...

“Should Chief Justice Maynard fail to do so, it is incumbent upon the remaining justices ... to take all necessary steps to remedy the impact of the appearance of partiality that now looms over this case.”

Massey spokesman Jeff Gillenwater said Monday, “I can tell you what I know as of now. Both Blankenship and Maynard were vacationing separately in the Monte Carlo area.

“It is my understanding Justice Maynard was in the Nice [France] area and Mr. Blankenship was in the Monte Carlo area. While they were there, they did meet up for lunch and/or dinner occasionally.

“The two were not vacationing together, but happened to be in the same part of the world at the same time and had lunch and/or dinners together,” Gillenwater said.



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