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Updated: 10:40 AM Jan 18, 2008
Maynard Recuses Himself From Massey Case
West Virginia Supreme Court Chief Justice Elliott "Spike" Maynard says he is stepping down from a case involving Massey Energy Co.
Posted: 8:36 AM Jan 18, 2008Reporter: Scott Saxton Email Address: scott.saxton@wsaz.com |
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81 Comments 
Photos 
West Virginia Supreme Court Chief Justice Elliott "Spike" Maynard says he is stepping down from a case involving Massey Energy Co.
Maynard said that while he's certain about his ability to remain fair, the issue has now become one of public perception and public confidence in the courts.
Today's announcement comes in the wake of criticism over Maynard's friendship with Massey's top executive, Don Blankenship.
Maynard had helped overturn a 76.3 million-dollar judgment against the Virginia-based coal giant involving a contract dispute with Harman Mining.
Harman filed a petition last week seeking Maynard's recusal from the case and filed an amended petition this week that included vacation photos of Maynard and Blankenship in Monaco.
Both men have said they were vacationing separately and each paid his own way. And Maynard has insisted that his longtime friendship with Blankenship did not affect his impartiality in the court case.
Stay tuned to wsaz.com for updated information on this developing story
Earlier this week, the WV Supreme Court released a written statement from Chief Justice Elliott "Spike" Maynard in response to a recent court filing that claims he can't be impartial on cases involving Massey Energy.
Lawyers for Harman Mining Company filed a motion to ask for the removal of Maynard as a justice in the case between Harman and Massey. Maynard was part of a 3-2 majority reversal of a $76 million judgment against Massey. Harman wants a reconsideration of that decision.
The court filing Monday included vacation photos of Maynard and Blankenship in Monaco in 2006. The men say they were vacationing separately and met up for some meals. Harman's lawyers claim it shows that Maynard can't be impartial.
Tuesday, Maynard released the following statement:
"I will file a written response promptly to the motion filed yesterday, but first let me say I've been a prosecutor, Judge or Justice for more than 30 years and nothing is more important to me than the integrity of the Court.
The suggestion I have done something improper is nonsense.
Like most judges I don t reward my friends, or punish my enemies from the bench.
I have never denied my friendship with Mr. Blankenship. Our friendship has never influenced any decision I ve made for the Court.
I'm going to address the specific allegations separately, but I want to be crystal clear that in the noted trip I paid my own way, paid for my travel expenses, paid my own hotel expenses out of my own pocket. I have receipts and records to prove it."
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Latest Comments
If Democratim s vote for him this time, we actually do live in a STUPID State. He is a CROOK. See ya SPIKEY in the unemployment line.
Hey Spike and Don, see all the complainers below, they are only jealous they couldn't go with you all.
KMG, go back to school, whether it is one per hole or 500 per hole, it still equals an average of 1 per 1.2 minutes for 10 hour shift. I will take home fries. Maybe that is why Don has to make such statements.
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