02 February 2009

Benjamin Off Massey Cases

West Virginia Supreme Court Chief Justice Brent Benjamin has recused himself from all Massey Energy-related matters, pending a high-profile appeal before the U.S. Supreme Court, The Associated Press reports.

With a hearing set for March, that pending case has attracted 11 "friend of the court" briefs" from 48 different entities questioning Benjamin's presence in a $50 million coal contract dispute involving Massey.

"Benjamin says in a memo Saturday that it would be personally and judicially disrespectful to participate in cases involving Massey until the high court finishes its review," AP reports.

AP had earlier reported that Benjamin had intended to hear a Massey-related case scheduled for last week. That case has since been postponed until April. (A court spokeswoman initially told AP that Benjamin would not disqualify himself, but later said he was awaiting any requests for his recusal before deciding whether to remain.)

Massey recently filed its brief in the pending U.S. Supreme Court appeal, The Charleston Gazette reported. Massey expects "friend of the court" briefs supporting its position by Thursday.

Others with reports of Benjamin's recusal include MetroNews and WOWK-TV.
Update: The Charleston Gazette also has a report.

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