Court: W.Va. justice should have withdrawn

WASHINGTON, June 8 (UPI) -- The U.S. Supreme Court ruled 5-4 Monday on ideological lines that a West Virginia judge should have removed himself from a case involving a big campaign donor.

Justice Anthony Kennedy, a key swing vote on the court, joined the four-member liberal bloc to form the majority, and wrote the opinion. The four-member conservative bloc dissented.

In August 2002 a West Virginia jury returned a verdict that said A. T. Massey Coal Co. and its affiliates committed "fraudulent misrepresentation, concealment and tortious interference" with a group led by businessman Hugh Caperton, saying Massey "intentionally acted in utter disregard of (Caperton's) rights and ultimately destroyed (his) businesses because ... (Massey) concluded it was in its financial interest to do so."

The jury award the Caperton group $50 million in damages.

After the verdict, but before the 2004 judicial elections, Massey Chairman Don Blankenship contributed $1,000 to Brent Benjamin, a candidate for the state's highest court. Blankenship also contributed $2.5 million to a group that opposed a sitting justice and supported Benjamin, and spent $500,000 in independent advertising.

Benjamin won the election, took his seat on the West Virginia Supreme Court of Appeals and then voted with a 3-2 majority to reverse the verdict, despite repeated motions that he "recuse" -- or remove -- himself from the case.

Monday, Kennedy wrote that considering all aspects of the case, Benjamin should have removed himself under the U.S. Constitution's guarantee of due process -- fair treatment in a case. Kennedy said the ruling would not have a broad application because of state ethics requirements that normally nip such situations in the bud, but the Benjamin case "was extreme by any measure."

The majority reversed the lower court and sent the case back down for a rehearing in line with its ruling.

One of the dissenters, Chief Justice John Roberts, said that the ruling offers little guidance to the lower courts.

Benjamin is now chief justice of the West Virginia court.

(Caperton et al vs. A.T. Massey et al, No. 08-22)