Massey Moves to Block Starcher Hearing

Massey Energy Co. has petitioned the state Supreme Court for a writ of prohibition to bar the April 10 hearing scheduled by Justice Larry Starcher for its recusal request targeting him.

As The Associated Press reports, the coal company's filings argue the hearing "would create a precedent that would justify unilateral actions by future justices who wish to conduct business outside the corporate body that is this Court."

To bolster its recusal motion, Massey also alleges that Starcher has persisted in his public comments deriding the company and its chief executive, Don Blankenship.

Also Tuesday, the Supreme Court heard arguments in a case involving Blankenship. Deborah K. May is seeking unemployment benefit from a company that hired her as a personal maid, then assigned her to Blankenship through one of Massey's subsidiaries.

"May's duties began when Blankenship lived in a three-story house in Mingo County," AP reports from the hearing. "Over time, they grew to include a two-cabin complex in Kentucky, a four-story house in West Virginia and the tour bus. The tipping point came when Blankenship announced she was soon to care for his German Shepherd police dog."

May's lawyer, Kathryn Bayless, also alleges "occasional tantrums and physical abuse by Blankenship," the article said. "Blankenship threw food and grabbed May's wrist after delivering the wrong McDonald's order, trashed a closet over an incorrectly hung jacket and demanded a written explanation regarding how she stocked food in one of his houses."

The participating justices appeared unswayed by the argument of the employer, Mate Creek, that May left voluntarily and so does not qualify for benefits. As AP reports:

"The law talks about unilateral change in job duties,'' Justice Robin Davis told (lawyer Eric) Kinder. "I can't believe you can stand there with a straight face and tell us her job duties did not change.''

MetroNews also covered the hearing, and has audio. The Charleston Gazette has articles on both the hearing and the writ targeting Starcher's hearing.