16 January 2008

Spike & Don's Excellent European Vacation, Part Deux

Supreme Court Chief Justice Elliott "Spike" Maynard and Massey Energy Co.'s Don Blankenship have both responded to the recent airing of photos showing them together in Monaco.

As The Associated Press reports, the two longtime friends acknowledge that they met up on the Riveria while a $76.3 million case involving Massey was heading to the court.

But both reject allegations that such socializing was inappropriate. Maynard stated that their friendship "has never influenced any decision I've made for the Court," and that "The suggestion that I have done something improper is nonsense."

But others aren't so sure.

Echoing other ethics experts, Ben Greene, law professor and director of the Louis Stein Center for Law and Ethics at Fordham University, tells AP that "several questions arise from Maynard’s and Blankenship’s apparent socializing."

And Deborah Rhode, a law professor and director of Stanford University's Center for Ethics, said "It doesn't matter whether they planned it, or discovered by happy coincidence that they would be in the same place. ... This kind of ex parte contact is clearly inappropriate."

AP also reports on the memo from Justice Larry Starcher, whose comments about Massey and Blankenship have played a role in the underlying case as well.

"The memo asks (Court Administrator Steve) Canterbury to ensure that no documents are destroyed or records 'on servers or otherwise, of any document or digital photographs, be altered, removed or erased,'" the article said, adding that "Canterbury said the memo echoes court policy."

Update: Public Broadcasting reports on both the motion to disqualify (with audio) and Maynard's response.

MetroNews focuses on the latter.

The Herald-Dispatch of Huntington hears from one of Maynard's would-be Democratic primary challengers on the topic.

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