As the controversy grew for months over West Virginia Supreme Court Chief Justice Brent Benjamin not recusing himself from a major Massey Energy case before the court, Benjamin has been pretty quiet about the whole thing. Citing judicial ethics rules, Benjamin has consistently declined to comment.
But the court’s PR staff certainly hasn’t. They’ve sent out letters to the editor defending Benjamin and urged reporters to quote liberally from the opinion in which the chief justice took 40 pages to explain why he didn’t have a conflict of interest hearing a case involving Don Blankenship’s company.
Then Monday, on the eve of the big U.S. Supreme Court oral argument in the case, the Supreme Court’s PR staff sent out a press release they said summarized Benjamain’s “dispositive voting record” in cases involving Massey or its subsidiaries.
[UPDATED — Transcript of the U.S. Supreme Court argument is available here.]
Based on this list, the press release concludes:
Overall, Chief Justice Benjamin voted against the interests of Massey Energy or its subsidiary 81.6% of the time. Most of these votes occurred before the Caperton v. Massey Energy case was decided, and involve votes in cases which were decided by unanimous and non-unanimous votes of the Court. (Of course, in the rehearing of the Caperton case, Chief Justice Benjamin appointed two of the acting Justices after the recusal of Justices Maynard and Starcher and those two circuit judges split their decision, one voting for Massey and one voting against Massey.) According to information which was in the file or which was referenced in local news reports, all votes by Chief Justice Benjamin represented votes against the financial interests of Massey Energy of approximately $317 million.