U.S. Supreme Court to review Harman-Massey case

November 14, 2008
U.S. Supreme Court to review Harman-Massey case
By Andrew Clevenger
Staff writer

CHARLESTON, W.Va. -- The U.S. Supreme Court decided today to hear an appeal of whether West Virginia Supreme Court Justice Brent Benjamin should have stepped aside in a case involving the company of a campaign donor who spent millions of dollars to unseat Benjamin's opponent in the 2004 election.


Benjamin twice voted in the majority in 3-2 decisions to overturn a $50 million verdict originally awarded to Harman Mining Corp. in 2002 against Massey Energy Co. With interest, that verdict is now estimated at $77 million.


Massey executive Don Blankenship spent more than $3 million in the 2004 election that secured Benjamin's seat on West Virginia's only appeals court.

http://www.wvgazette.com/News/200811140340

Yes, Brett Benjamin should have recused himself just as Chambers should have recused himself when the WVHC filed a case in his court.

As Hugh Caperton said, when you have that type of appearance of impropriety, citizens will lose faith in the judicial system.

It's clear coal can get no more of a fair trial in front of Chambers then opponents of Massey can get in front of Benjamin.

This is why we need to consider a new way to appoint our judges.

Well I came across an interesting bit of trivia. I am not sure if it is relevant, but interesting.

The new Justice Workman and Brent Benjamin are in laws.