Case May Alter Judge Elections Across Country
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MATEWAN, W.Va. — Don L. Blankenship, the chief executive of the nation’s fourth-biggest coal mining company, is not shy about putting his money where his mouth is when it comes to West Virginia politics.
In 2004, he spent $3 million on tough advertisements attacking a justice of the State Supreme Court who was seeking re-election. Some of the advertisements said the justice had agreed to free a sex offender.
“I thought we would beat him more easily than we did,” Mr. Blankenship said, reflecting on how hard it was to persuade voters.
Brent D. Benjamin won that election and went on to join the 3-to-2 majority that threw out a $50 million jury verdict against Mr. Blankenship’s company, Massey Energy.
Brent D. Benjamin campaigning for the State Supreme Court in 2004.
Mr. Blankenship spent $3 million against his opponent.
The question of whether Justice Benjamin should have disqualified himself is now before the United States Supreme Court.
The case, one of the most important of the term, has the potential to change the way judicial elections are conducted and the way cases are heard in the 39 states that elect at least some of their judges. In many states, campaigns for court seats these days rival in both expense and venom what goes on in, say, a governor’s race. Yet it is commonplace in American courtrooms for judges to hear cases involving lawyers and litigants who have contributed to or spent money to support their campaigns. ....
(This guy gets more unbelievable):
Mr. Blankenship, a large man with small eyes that betray nothing, does not often sit for interviews. When ABC News tried to ask him questions last year about pictures showing him in Monte Carlo with yet another State Supreme Court justice, he shoved a cameraman and suggested that someone was “liable to get shot” if the journalists persisted.
But Mr. Blankenship seemed eager to tell his side of things over a barbecue chicken lunch in a restaurant here and in the warren of trailers that serve as his office just over the Kentucky line. It is just foolishness, he said, to think that he had spent millions of dollars to gain an advantage in a particular case.
“I’ve been around West Virginia long enough to know that politicians don’t stay bought, particularly ones that are going to be in office for 12 years,” he said, referring to the terms of State Supreme Court justices. “So I would never go out and spend money to try to gain favor with a politician. Eliminating a bad politician makes sense. Electing somebody hoping he’s going to be in your favor doesn’t make any sense at all.”
For an incisive story on political and judicial corruption... the NYT click here
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