Supreme Court Chief Justice Elliott "Spike" Maynard recused himself on Tuesday from a second high-profile case involving Massey Energy, after photos of him vacationing with the company's chief executive surfaced earlier this month.

Maynard recused himself from hearing Massey's appeal of a $220 million Brooke County jury verdict in favor of Wheeling-Pittsburgh Steel. The appeal was filed Jan. 22.

After a five-week trial last summer, a Brooke County jury determined that Massey violated a long-term supply contract by failing to deliver metallurgical coal to Wheeling-Pitt's steel operations. Instead, Massey sold some of that coal to customers willing to pay higher prices, including overseas customers.

Rory L. Perry II, the Supreme Court's clerk, issued a statement Tuesday saying Maynard notified the court "of his voluntary disqualification from participating in the [Wheeling-Pitt] proceedings."

Maynard cited a section from the Code of Judicial Conduct stating, "A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned."

On Jan. 21, Maynard also recused himself from future proceedings in a case that pits Massey against Harman Mining Corp. and its owner, Hugh M. Caperton. On Nov. 21, the Supreme Court voted 3-2 to overturn a Boone County jury verdict, now worth $76.3 million, against Massey. Maynard voted in favor of Massey.

But Maynard recused himself in the Harman Mining case after Caperton's lawyers filed photographs showing Maynard vacationing on the French Riviera with Massey chief executive Don Blankenship. The time stamp on the photos indicates they were taken in July 2006, when the Harman case was pending before the Supreme Court.

Last Thursday, with Circuit Judge Donald H. Cookman of Hampshire County taking Maynard's place, the Supreme Court voted 5-0 to reconsider its Harman decision. The court will rehear that case March 12.

When Maynard recused himself from the Harman case, the Supreme Court issued a press release that said, "Maynard has voted against Massey Energy in several recent prominent cases."

Those cases included disputes involving financial damages to involved injured coal miners and local residents whose water was polluted by mining operations, as well as an unemployment benefits claim filed by Deborah K. May, Blankenship's former "personal maid."

Caperton and Harman also asked Benjamin to recuse himself from the Boone County case, because Blankenship helped get Benjamin elected to the court.

Massey asked Justice Larry Starcher to recuse himself from that case because of public statements Starcher made criticizing Blankenship. In their latest filing, Harman's lawyers also asked Starcher to recuse himself.

Both Benjamin and Starcher refused to step down, but Starcher said he would recuse himself if Benjamin did.

To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.

Supreme Court Chief Justice Elliott "Spike" Maynard recused himself on Tuesday from a second high-profile case involving Massey Energy, after photos of him vacationing with the company's chief executive surfaced earlier this month.

Maynard recused himself from hearing Massey's appeal of a $220 million Brooke County jury verdict in favor of Wheeling-Pittsburgh Steel. The appeal was filed Jan. 22.

After a five-week trial last summer, a Brooke County jury determined that Massey violated a long-term supply contract by failing to deliver metallurgical coal to Wheeling-Pitt's steel operations. Instead, Massey sold some of that coal to customers willing to pay higher prices, including overseas customers.

Rory L. Perry II, the Supreme Court's clerk, issued a statement Tuesday saying Maynard notified the court "of his voluntary disqualification from participating in the [Wheeling-Pitt] proceedings."

Maynard cited a section from the Code of Judicial Conduct stating, "A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned."

On Jan. 21, Maynard also recused himself from future proceedings in a case that pits Massey against Harman Mining Corp. and its owner, Hugh M. Caperton. On Nov. 21, the Supreme Court voted 3-2 to overturn a Boone County jury verdict, now worth $76.3 million, against Massey. Maynard voted in favor of Massey.

But Maynard recused himself in the Harman Mining case after Caperton's lawyers filed photographs showing Maynard vacationing on the French Riviera with Massey chief executive Don Blankenship. The time stamp on the photos indicates they were taken in July 2006, when the Harman case was pending before the Supreme Court.

Last Thursday, with Circuit Judge Donald H. Cookman of Hampshire County taking Maynard's place, the Supreme Court voted 5-0 to reconsider its Harman decision. The court will rehear that case March 12.

When Maynard recused himself from the Harman case, the Supreme Court issued a press release that said, "Maynard has voted against Massey Energy in several recent prominent cases."

Those cases included disputes involving financial damages to involved injured coal miners and local residents whose water was polluted by mining operations, as well as an unemployment benefits claim filed by Deborah K. May, Blankenship's former "personal maid."

Caperton and Harman also asked Benjamin to recuse himself from the Boone County case, because Blankenship helped get Benjamin elected to the court.

Massey asked Justice Larry Starcher to recuse himself from that case because of public statements Starcher made criticizing Blankenship. In their latest filing, Harman's lawyers also asked Starcher to recuse himself.

Both Benjamin and Starcher refused to step down, but Starcher said he would recuse himself if Benjamin did.

To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.