For 3rd Time, W.Va. Supreme Court Finds For Massey

Faulting Benjamin for remaining in the case, the nation's top court concluded in June that elected judges must step aside when large campaign contributions from interested parties create the appearance of bias.

"It is a shame that the remedy for these wrongs has been set aside," David Fawcett, a lawyer for Harman, said in a statement. "Nonetheless, we are proud of our effort and the important precedent set in this case by the United Supreme Court in establishing limits to the improper influence of money in judicial elections."

That 5-4 ruling sent the case back to West Virginia for a third review, and barred Benjamin from again hearing it. A retired county circuit judge, James Holliday, sat in his place for Thursday's ruling. Workman and the remaining two justices were new to the appeal: Menis Ketchum was elected along with Workman in November, while Thomas McHugh was appointed following the March death of Justice Joseph Albright.

In a separate ruling Thursday, also decided 4-1 and written by Davis, the state Supreme Court ruled against The Associated Press in a case involving a Freedom of Information Act request it had filed seeking communications between Maynard and Blankenship in the wake of the Riviera photo's release.

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