State Supreme Court Justice Larry Starcher has filed seven questions seeking opinions from lawyers on both sides of an appeal filed by Massey Energy seeking to overturn a $240 million jury verdict.

Massey filed legal petitions on March 10 and April 4 asking Starcher to step down from the case because he has made negative public remarks about Massey's chief executive, Don Blankenship. Starcher has not stepped down from this case.

Last July, a Brooke County jury reached the verdict finding Massey and its subsidiary, Central West Virginia Energy Co., guilty of failing to fulfill a long-term coal supply contract with Wheeling Pittsburgh Steel.

"What will be the public perception of the fairness of the court if I step aside and a justice [Brent Benjamin] whose election was supported by Massey's CEO with more than $3.5 million remains on the case and appoints my replacement?" Starcher asked in his Thursday filing.

The justice wrote that he "is of the opinion that additional information from the petitioners would be helpful in deciding the recusal issue in this case."

On Wednesday, Starcher agreed not to hold a public hearing he had scheduled to ask questions from lawyers on both sides of the Wheeling-Pitt case. The Supreme Court agreed to discuss that ongoing dispute in an administrative meeting.

The other questions Starcher asked included these:

The Supreme Court sent Starcher's questions to James A. Walls of Spilman Thomas & Battle and to W. Henry Jernigan Jr. of Dinsmore & Shoal, two Charleston law firms representing Massey.

The questions were also sent to David Fawcett, a Pittsburgh lawyer, and David B. Cross, a Wellsburg lawyer, who represent Wheeling-Pittsburgh Steel.  

Chief Justice Elliott "Spike" Maynard has stepped down from hearing any cases related to Massey Energy after photographs filed with the Supreme Court in January revealed he met Blankenship on a July 2006 vacation along the French Riviera.

Benjamin, who is acting chief justice in Maynard's absence, has refused to step down from Massey-related cases even though Blankenship gave $3.5 million of his own money to finance his 2004 Supreme Court campaign.

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

State Supreme Court Justice Larry Starcher has filed seven questions seeking opinions from lawyers on both sides of an appeal filed by Massey Energy seeking to overturn a $240 million jury verdict.

Massey filed legal petitions on March 10 and April 4 asking Starcher to step down from the case because he has made negative public remarks about Massey's chief executive, Don Blankenship. Starcher has not stepped down from this case.

Last July, a Brooke County jury reached the verdict finding Massey and its subsidiary, Central West Virginia Energy Co., guilty of failing to fulfill a long-term coal supply contract with Wheeling Pittsburgh Steel.

"What will be the public perception of the fairness of the court if I step aside and a justice [Brent Benjamin] whose election was supported by Massey's CEO with more than $3.5 million remains on the case and appoints my replacement?" Starcher asked in his Thursday filing.

The justice wrote that he "is of the opinion that additional information from the petitioners would be helpful in deciding the recusal issue in this case."

On Wednesday, Starcher agreed not to hold a public hearing he had scheduled to ask questions from lawyers on both sides of the Wheeling-Pitt case. The Supreme Court agreed to discuss that ongoing dispute in an administrative meeting.

The other questions Starcher asked included these:

The Supreme Court sent Starcher's questions to James A. Walls of Spilman Thomas & Battle and to W. Henry Jernigan Jr. of Dinsmore & Shoal, two Charleston law firms representing Massey.

The questions were also sent to David Fawcett, a Pittsburgh lawyer, and David B. Cross, a Wellsburg lawyer, who represent Wheeling-Pittsburgh Steel.  

Chief Justice Elliott "Spike" Maynard has stepped down from hearing any cases related to Massey Energy after photographs filed with the Supreme Court in January revealed he met Blankenship on a July 2006 vacation along the French Riviera.

Benjamin, who is acting chief justice in Maynard's absence, has refused to step down from Massey-related cases even though Blankenship gave $3.5 million of his own money to finance his 2004 Supreme Court campaign.

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