Massey Chief Questions Judicial Ethics Ruling

TIM HUBER

CHARLESTON, W.Va. (AP) — The chief executive of Massey Energy Co. is questioning whether the U.S. Supreme Court's decision in a judicial ethics case involving the Appalachian coal mining giant will stifle free speech.

The court ruled Monday that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias.

"I hope the Supreme Court's ruling will not silence others from speaking out when change is needed," Massey chief Don Blankenship said in a statement Wednesday.

The case involved more than $3 million spent by Blankenship to help elect Chief Justice Brent Benjamin to the West Virginia Supreme Court.

At the time, Massey was appealing a verdict, which now totals $82.7 million with interest, in a dispute with a rival coal company. Benjamin refused repeated requests to step aside from the case and was part of a 3-2 decision to overturn the verdict.

The coal company, Harman Mining Co., and its president, Hugh Caperton, appealed and high court overturned the verdict and sent it back to West Virginia for further proceedings without Benjamin.