Bob Bastress, running for one of two open seats on the state Supreme Court in May's Democratic primary, wants Chief Justice Elliott "Spike" Maynard to reveal more information about his relationship with Don Blankenship, chief executive officer of Massey Energy.
Bob Bastress, running for one of two open seats on the state Supreme Court in May's Democratic primary, wants Chief Justice Elliott "Spike" Maynard to reveal more information about his relationship with Don Blankenship, chief executive officer of Massey Energy.
During a Wednesday press conference at the Capitol, Bastress called for an independent commission to investigate ties between Maynard and Blankenship, who were photographed together while on vacation along the French Riviera and Monaco in July 2006.
Blankenship and Massey have two major cases before the court. One involves $76.3 million in damages; the other, $240 million.
Controversy intensified in January, when photographs from the Monaco trip were filed with the Supreme Court.
Maynard has recused himself from those cases.
But Bastress wants answers to more questions about the relationship between Maynard and Blankenship, including details about who paid expenses on the 2006 trip.
The relationship between Maynard and Blankenship, Bastress said, has "strained public confidence in the court. A judge should not have personal involvement with anyone who has cases before the court."
The two major appeals involving Blankenship:
Hugh Caperton and his company, Harman Mining, are appealing a 3-2 Supreme Court Nov. 21 ruling overturning an August 2002 Boone County jury verdict now worth $76.3 million.Wheeling-Pittsburgh Steel won a $240 million verdict from a Brooke County jury last July against Massey for failing to comply with a coal-supply contract Massey signed with the steel producer.
The Supreme Court has scheduled a hearing for March 12 on Caperton's motion for a rehearing. The court has not yet scheduled any hearings related to the Wheeling-Pittsburgh case.
Bastress released copies of a letter he sent Steve Canterbury, the court's administrative director, asking for an independent investigation.
The letter asked:
Who paid for meals and entertainment costs during the trips to Nice, France and Monaco?Did Blankenship give Maynard and/or a woman friend who accompanied him money to gamble in casinos during the trip?Did Maynard ever fly on any aircraft owned by Massey?Has Maynard ever gone on other trips with Blankenship or his associates?
Bob Bastress, running for one of two open seats on the state Supreme Court in May's Democratic primary, wants Chief Justice Elliott "Spike" Maynard to reveal more information about his relationship with Don Blankenship, chief executive officer of Massey Energy.
During a Wednesday press conference at the Capitol, Bastress called for an independent commission to investigate ties between Maynard and Blankenship, who were photographed together while on vacation along the French Riviera and Monaco in July 2006.
Blankenship and Massey have two major cases before the court. One involves $76.3 million in damages; the other, $240 million.
Controversy intensified in January, when photographs from the Monaco trip were filed with the Supreme Court.
Maynard has recused himself from those cases.
But Bastress wants answers to more questions about the relationship between Maynard and Blankenship, including details about who paid expenses on the 2006 trip.
The relationship between Maynard and Blankenship, Bastress said, has "strained public confidence in the court. A judge should not have personal involvement with anyone who has cases before the court."
The two major appeals involving Blankenship:
Hugh Caperton and his company, Harman Mining, are appealing a 3-2 Supreme Court Nov. 21 ruling overturning an August 2002 Boone County jury verdict now worth $76.3 million.Wheeling-Pittsburgh Steel won a $240 million verdict from a Brooke County jury last July against Massey for failing to comply with a coal-supply contract Massey signed with the steel producer.The Supreme Court has scheduled a hearing for March 12 on Caperton's motion for a rehearing. The court has not yet scheduled any hearings related to the Wheeling-Pittsburgh case.
Bastress released copies of a letter he sent Steve Canterbury, the court's administrative director, asking for an independent investigation.
The letter asked:
Who paid for meals and entertainment costs during the trips to Nice, France and Monaco?Did Blankenship give Maynard and/or a woman friend who accompanied him money to gamble in casinos during the trip?Did Maynard ever fly on any aircraft owned by Massey?Has Maynard ever gone on other trips with Blankenship or his associates?Canterbury said on Wednesday that he plans to answer the letter from Bastress.
"I will tell him my office has no investigatory role or power. If he feels he has complaints, he can go to the Judicial Investigation Commission. Skip Garten, the commission's lawyer, has the authority to investigate any kind of claim that is brought."
Canterbury said his position does not allow him to hire any investigators or appoint any special commission to deal with such controversies.
Maynard released credit card records in late January showing that he purchased plane tickets and a hotel package for his European vacation.
Previously, Justice Larry Starcher also asked for an independent commission to investigate Maynard's relationship with Blankenship.
Based on negative public statements he made criticizing Blankenship, Starcher recused himself from sitting on any future hearings in the Caperton case.
Justice Brent Benjamin, now acting chief justice in the Caperton case, recently named two substitute judges to replace Maynard and Starcher for the March 12 hearing.
Benjamin, however, refused to recuse himself from sitting on the case, despite the fact Blankenship donated about $3.5 million toward Benjamin's successful political campaign against incumbent Justice Warren McGraw in 2004.
In his letter, Bastress quoted New York University Professor Stephen Dillers who said federal judges in New York City "will not even have lunch with old friends while they have cases pending in their court."
To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.
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