July 4, 2008
When Do Contributions to Judge’s Campaign Require Recusal?
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – The dispute between Harman Mining and A.T. Massey Coal Company which led to the reluctant recusal of two West Virginia Supreme Court justices has been taken to the nation’s highest court. Former U.S. Solicitor General Theodore Olson represents Harman Mining in filing a petition for discretionary review by the United States Supreme Court.
The U.S. Supreme Court receives thousands of petitions during a given year; they generally grant less than 100. However, Olson has argued cases before the nine justices in representing President Ronald Reagan and George W. Bush.
West Virginia Supreme Court Justice Elliott “Spike” Maynard did not step down until photographs surfaced showing Maynard and Massey Coal head Don Blankenship together during an European vacation. Justice Larry Starcher also stepped down.
But Justice Brent Benjamin -- whom Blankenship promoted by spending $3 million of his own money in the 2004 campaign against Warren McGraw -- did not step aside. He voted with the 3-2 majority to overturn a verdict against Massey.
Now Olson argues in his Petition that review by the U.S. Supreme Court is necessary to lend guidance to the nation’s 39 states that elect judges, as Benjamin’s appearance of “bias” could impact the credibility of the court system. Quoting from the petition, Olson argues the nine justices need “to provide authoritative guidance to the lower courts regarding the circumstances in which due process requires recusal of a judge who has benefited from a litigant’s substantial campaign contributions” which effectively denied Harman “due process rights and substantially undermined the integrity and reputation of the West Virginia judicial system.”
Massey has 20 days to answer the petition and Harman will have time for a Reply if they so choose.
By checking the U.S. Supreme Court’s website, nearly all of the petitions received during the summer will go not go to conference until September 29, 2008. Once conference, the court releases an order at 10 a.m. the following Monday announcing disposition of the cases (i.e. whether or not they will hear the case).
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When Do Contributions to Judge’s Campaign Require Recusal?
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – The dispute between Harman Mining and A.T. Massey Coal Company which led to the reluctant recusal of two West Virginia Supreme Court justices has been taken to the nation’s highest court. Former U.S. Solicitor General Theodore Olson represents Harman Mining in filing a petition for discretionary review by the United States Supreme Court.
The U.S. Supreme Court receives thousands of petitions during a given year; they generally grant less than 100. However, Olson has argued cases before the nine justices in representing President Ronald Reagan and George W. Bush.
West Virginia Supreme Court Justice Elliott “Spike” Maynard did not step down until photographs surfaced showing Maynard and Massey Coal head Don Blankenship together during an European vacation. Justice Larry Starcher also stepped down.
But Justice Brent Benjamin -- whom Blankenship promoted by spending $3 million of his own money in the 2004 campaign against Warren McGraw -- did not step aside. He voted with the 3-2 majority to overturn a verdict against Massey.
Now Olson argues in his Petition that review by the U.S. Supreme Court is necessary to lend guidance to the nation’s 39 states that elect judges, as Benjamin’s appearance of “bias” could impact the credibility of the court system. Quoting from the petition, Olson argues the nine justices need “to provide authoritative guidance to the lower courts regarding the circumstances in which due process requires recusal of a judge who has benefited from a litigant’s substantial campaign contributions” which effectively denied Harman “due process rights and substantially undermined the integrity and reputation of the West Virginia judicial system.”
Massey has 20 days to answer the petition and Harman will have time for a Reply if they so choose.
By checking the U.S. Supreme Court’s website, nearly all of the petitions received during the summer will go not go to conference until September 29, 2008. Once conference, the court releases an order at 10 a.m. the following Monday announcing disposition of the cases (i.e. whether or not they will hear the case).
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