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Maintaining that he has "no doubt in his own mind" that he could fairly make decisions in multi-million dollar court cases linked to Massey Energy and his long-time friend Don Blankenship, Chief Justice Spike Maynard recused himself.
The $76 million case is coming back to the high court.
Maynard's decision came after a number of photos surfaced showing himself vacationing in Monaco with Blankenship, during a time period the Supreme Court was reviewing and reversed the $76 million decision against Massey by Harman Coal.
Justice Brent Benjamin, who was elected to the high court with an estimated $3 million spent by Blankenship, has declined a request by Harman to recuse himself.
It was the most money ever spent in the state to effect the outcome of another persons election.
Benjamin wrote, "There are no allegations that this Justice has or has had any relationship with Mr. Blankenship or any part in this litigation, or that he ever represented Mr. Blankenship or any Massey company in his twenty-plus years of private practice."
Benjamin went on the offensive, saying Harman's "subjective and partisan" recusal request could have extreme circumstances, and
"would create a system where there would be almost no limit to recusal motions and popularly-elected courts of this State would be open to 'judge-shopping' under the guise of litigation strategy."
"Mr. Blankenship was vacationing in the Monte Carlo area, and Justice Maynard was nearby in the Nice area of France. They did meet for some lunches and dinners together," said a Massey spokesman.
"I don't know if it's totally a coincidence," Blankenship told the AP. "I know that we didn't travel together, we didn't vacation together. ... It just happens to be more sexy because of the location, I guess."
Charleston and Logan newspapers have reported on the long-time Maynard-Blankenship relationship, reporting they had been dining in area restaurants while a Massey case was before the high court.
Maynard has ruled in favor of Massey, in the last eight cases.
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