Chief Justice "Spike" Maynard (left) vacation-
ing with Massey CEO Don Blankenship in Monaco
By Bob Weaver
The Associated Press has served notice it will sue the West Virginia Supreme Court for failure to comply with West Virginia's Freedom of Information Act.
The Supreme Court has rejected the AP's FOIA, saying it does not pertain to members of the high court.
The AP alleges the high court violated the law when it determined that Chief Justice Elliott "Spike" Maynard's e-mails, visitor logs and other records weren't subject to the Freedom of Information Act.
The court has released information pertaining to other court employees.
The AP originally filed the FOIA in January seeking any communication between Maynard and Massey Energy chief Don Blankenship, the parties being the object of controversy, or how their relationship has affected court decisions.
The request centers on Maynard's July 2006 European vacation rendezvous with Blankenship, and the fact that the coal company had several cases pending or headed toward the Supreme Court at the time.
In rejecting the AP's request, the court's general counsel, J. Kirk Brandfass, said the Freedom of Information Act doesn't apply to the five Supreme Court justices, implying the state's highest judges are exempt.
State Supreme Court Justice Larry Starcher said last week that Massey CEO Don Blankenship has created a 'cancer on our courts,' speaking at the monthly meeting of the Kanawha County Federation of Democratic Women.
Starcher also said, despite major public relations efforts to the contrary, the state judicial system is not a "Judicial Hellhole."
"The simple fact is that the pernicious effects of a single wealthy coal company executive's bestowal of his personal wealth, his influence with his associates, his political tactics, and a 'close friendship' have created a cancer on our Court," Starcher said.
"I have spoken out against this problem - hoping that I will say or do something that might help set our Court on a different path."
"You also can help cure this cancer by doing all within your means to resist this invasion of influence on the Court by helping our Democrat party nominate real Democrats in May - not "Republicrats," people who are Democrat in registration only," he said.
 Starcher (shown right) has been in trouble because of his critical statements about Blankenship, and has recused himself from a current case involving Massey Coal.
He has called the Massey chief "stupid" and "a clown."
After the 2004 election that saw Brent Benjamin - a Republican candidate supported by Blankenship - defeat incumbent Warren McGraw, Starcher criticized Massey and Blankenship for spending over $3.5 million on Benjamin's campaign.
"What we're going to see is we're gonna see Massey Coal and the big out-of-state insurance companies and huge mega-corporations buy a seat on our Supreme Court," Starcher said.
"I hate to see out-of-state money be used in such an obscene way as it was in this race to buy a seat on the Supreme Court and attempt to control it. It saddens me very much."
"So, really, the election was bought, a seat was purchased on our Supreme Court, and I'm highly offended by it. I'm highly offended by the obscene use of out-of-state money â¦
"They tried to purchase a seat on our Supreme Court, and they succeeded. Coincidentally, Massey Coal, which Don Blankenship is a CEO, has a $60 million case on appeal in our court at this time. He has also - his coal company - has more EPA violations than all other coal companies put together in West Virginia. He has a very special interest in owning a seat on the Supreme Court."
Earlier this year, Starcher also asked Court Administrator Steve Canterbury to make sure no documents are destroyed and that records regarding Blankenship's friendship with Chief Justice Spike Maynard not be altered, removed or erased.
Starcher said the issues involving Blankenship and the Supreme Court have "become a matter of heightened public interest and concern."
The controversy currently manifests itself in another Massey's appeal of a $240 million Brooke County verdict in favor of Wheeling-Pittsburgh Steel Corp. and Mountain State Carbon.
"I have been privileged to be a part of our state judiciary for nearly a third of a century - 20 as a trial judge and nearly 12 years as a justice on our State's highest court," he said. "It has been an honor for me to have served on your Court, noting he is not seeking re-election.
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