Court Says Judges Must Avoid Appearance Of Bias

Massey rejected assertions that Benjamin owed a debt of gratitude to Blankenship or that Benjamin displayed any bias in his ruling. Benjamin has ruled against Massey at least four times, including in a unanimous refusal to hear the company's appeal of a $260 million judgment won in another contract dispute.

The judge himself wrote a long opinion explaining his decision to take part in the case.

Kennedy said, "We do not question his subjective findings of impartiality and propriety. Nor do we determine whether there was actual bias."

Benjamin, now the state's chief justice, issued a statement Monday in which he said, "I am pleased the Supreme Court has not questioned my ethics, my integrity, or my personal impartiality or propriety."

He said the court recognized "that there is no 'white line' to guide judges like me in resolving the issue of an elected judge's duty to remain on a case versus the need to remove oneself due to external factors."

But, Kennedy said, the $3 million Blankenship spent to unseat the incumbent justice who was seeking re-election and replace him with Benjamin "had a significant and disproportionate influence in placing Justice Benjamin on the case."