Aug. 14, 2006
 
Massey Sues WV Supreme Court for Civil Rights Violations, Arguing Disqualification Rule Applied to Sitting Justice
 
By Tony Rutherford
Huntington News Network Writer
 
Massey Energy Co. has asked the United States District Court to declare a “rule” related to disqualification of West Virginia Supreme Court justices be found unconstitutional. The complaint for injunctive relief maintains that the West Virginia rule allows the justice whose impartiality is questioned to rule on his “personal bias or prejudice concerning a party.”
 
Richmond, VA-based Massey contends that its due process right to a fair and impartial hearing is violated as the “rule” contains no remedy for cases in which the allegedly prejudicial justice fails to voluntarily disqualify himself.
 
“Rule 29 violates Plaintiff’s rights to a fair and impartial tribunal under the Due Process Clause of the Fourteenth Amendment to the United States Constitution [as it permits] a justice of the West Virginia Supreme Court who is the subject of a disqualification motion exclusively to determine the merits of that motion and does not provide for review of such motion by an impartial judicial officer.”
 
Underlying the federal complaint rests actions “participating in the political process” of Massey’s outspoken CEO Don Blankenship who strongly supported Brent Benjamin in the 2004 race against incumbent West Virginia Supreme Court Justice Warren McGraw.
 
After Benjamin defeated McGraw, Justice Larry Starcher has frequently gone on record via the media or in public speeches as criticizing Massey Energy, Marfork Coal Co., and Blankenship.
 
BACKGROUND … PRIOR CASES IN WV SUPREME COURT
 
As background, Massey lost a long running battle with Hugh Caperton (uncle of the former governor) regarding his coal companies --- Harman Development, Harman Mining and Sovereign Coal Sales. A jury awarded Caperton’s firms $50 million in damages, but Massey contends that its right to an appeal has been violated because the court reporter had “corrupt computer files, poor quality notes and faulty equipment.” (For further background on the court reporter complaint, click here:
 
http://www.wvmetronews.com/index_forsub.cfm?func=displayfullstory&storyid=15772
 
Marfork lost a battle of its own when the W.Va. Supreme Court refused to rule on the substance of the company’s appeal of a pattern of violations of state surface mining regulations, including “serious” ones at Brushy Fork. In that case, Marfork contended that the Secretary of the Department of Environmental Protection acted as both a judge and investigator. Among the statements made by Justice Starcher which criticize the coal companies are:
 
- Coal companies are not good for the State of West Virginia because coal companies “reap benefits without contributing anything in return.”
 
- Massey Energy and the big out-of-state insurance corporations buy a seat on our Supreme Court… I hate to see out-of-state money used in such an obscene way
 
- They tried to purchase a seat … and they succeeded. Coincidentally Massey Energy, which Don Blankenship is CEO has a $60 million case on appeal … his coal company has more EPA violations than all other coal companies put together in W.Va.
 
- “I think he [Blankenship] has no real concern or interest in the betterment of West Virginia… I think he’s simply on an egomaniac trip trying to better the bottom line of his coal company
 
- “I think he’s a clown, and he’s an outsider, and he’s running around the state trying to buy influence, like buying candy for children…He’s stupid. He does not know what he is talking about
 
Currently, Judge Starcher has refused without explanation to remove himself from the court reporter case now styled, State of West Virginia ex rel A.T. Massey v. The Honorable Jay M. Hoke, Judge of the 25th Judicial Circuit.
 
Interestingly, the procedural posture involving Starcher’s refusal has apparently not yet permitting a second disqualification question -- Should Judge Benjamin who was backed by Blankenship and Massey’s millions step aside also?
 
(You can view a pdf copy of the complaint against the West Virginia Supreme Court by clicking here.