Will Benjamin Be a Reliable Pro-Business Vote on WV Supreme Court? Some Fear He Will Defer to Big Money, His Election Backers

Charleston Gazette, Jan. 11, 2005
by Toby Coleman

This week, the justices of the West Virginia Supreme Court return to the bench…(with new) Justice Brent Benjamin, who comes to the bench after defeating Justice Warren McGraw in November.

Plaintiff’s lawyers and unions worry that Benjamin will lean toward businesses because he won the seat on the crest of a multimillion-dollar campaign financed by (certain) doctors, businesses (the West Virginia Coal Association gave $223,000) and Massey Energy Co. Chief Executive Officer Don Blankenship.

…Last week, (Justice) Starcher marked Benjamin’s arrival by putting an editorial cartoon outside his office door.

It depicted Benjamin showing up at the high court in a shipping crate marked "courtesy of $3.5 million from Massey Coal and other coal interests’ (see at right).

…"Any concern I have has to do with those who brought him into office," said Steve White, director of the Affiliated Construction Trades Foundation.

"People don’t spend $5 million or $10 million for nothing, and they don’t do it for altruistic reasons."

The worries ran so deep that some people have called on Benjamin to promise not to hear any cases involving Massey. Benjamin refused and said he would decide whether to recuse himself from Massey lawsuits on a case-by-case basis.

"I think it’s unfortunate that our system has caused people to be so jaded as to believe that justices approach cases in a biased manner, and I think that’s certainly something I’m looking forward to trying to change," Benjamin said.

Cartoon courtesy of Roane County Newspapers