December 30, 2004

Benjamin Says Only Commitment is to the Law

Supreme Court justice-elect Brent Benjamin says he'll evaluate his position on rulings on a case-by-case basis. Benjamin is preparing to take the oath of office following his upset win over incumbent justice Warren McGraw.

While not a direct contribution, personal donations to the 527 group "And for the Sake of the Kids" by Massey Energy CEO Don Blankenship was a huge catalyst in Benjamin's victory. The United Mine Workers calls Benjamin a "bought and paid for justice."

Speaking with MetroNews, Benjamin bristles at that notion.

"I think a lot of that shows a cynicism which has been caused by the perception that in the past several years that there has been favoritism on the court and prejudging of cases."

The UMWA, which campaigned hard for McGraw has publicly called on Benjamin to recuse himself from any cases on the high court involving Massey Energy. Massey has several huge cases pending.

Benjamin says that will be evaluated as it comes up--and not before.

"For recusal purposes, it's the justice's obligation to look at each one of those individually. That's certainly what I intend to do." Says Benjamin. "If there's a party that believes that it needs to be looked at, I'll make the motion and deal with it the best that I can."

Benjamin says he was chosen by the people to serve on the state Supreme Court to follow the state's laws and guidelines in dispensing fair justice and that is his plan. He says that may be in favor of some people or against them--but it will be done fairly and by the law.

Benjamin will take the oath of office on Inauguration Day with the rest of the Board of Public Works. A robing ceremony is also planned although a firm date hasn't been established for that event.