A couple dozen e-mails between state Supreme Court Chief Justice Elliott "Spike" Maynard and representatives of coal giant Massey Energy Co. exist, a Supreme Court official testified Wednesday.

The documents were retrieved in January, then sealed after court officials decided to withhold records requested by The Associated Press under the state's Freedom of Information Act, administrative director Steve Canterbury said.

The AP is seeking a court order requiring the Supreme Court to turn over e-mails and other records detailing communications between Maynard or his staff and Richmond, Va.-based Massey and Massey chief executive Don Blankenship.

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"It's certainly relevant to know whether such documents exist," AP attorney Pat McGinley said during Wednesday's hearing.

While Canterbury said Maynard doesn't use e-mail often, there were a "couple dozen at most" between the justice and someone at Massey or its representatives. The sealed documents do not include e-mails from Maynard's four law clerks. Those haven't been retrieved yet, Canterbury said.

Canterbury testified he couldn't cite a specific exemption to the state's FOIA law that allows the court to withhold the records. Rather, Canterbury said he's relying on the constitutional separation of powers and the philosophy that the communications of judges should remain private.

"I believe that that's a slippery slope and dangerous precedent," Canterbury said. "Judges have to have, I think, a certain privilege as they deal with matters before them."

Canterbury said he discussed releasing the e-mails with Maynard once and said the chief justice generally agreed with the philosophy that they should remain private.

A Massey spokesman did not immediately return a call seeking comment.

Kanawha Circuit Judge Duke Bloom gave the Supreme Court 10 days to turn over the sealed documents and any communications with Massey by Maynard's staff. The court also must submit a log indicating generally what the e-mails contain.

Maynard's and Blankenship's relationship became public earlier this year when vacation photographs of the two were included in a request that the high court reconsider its November 3-2 decision that overturned a multimillion-dollar judgment won by Harman Mining Co. against Massey in 2002. Maynard voted with the majority.

A couple dozen e-mails between state Supreme Court Chief Justice Elliott "Spike" Maynard and representatives of coal giant Massey Energy Co. exist, a Supreme Court official testified Wednesday.

The documents were retrieved in January, then sealed after court officials decided to withhold records requested by The Associated Press under the state's Freedom of Information Act, administrative director Steve Canterbury said.

The AP is seeking a court order requiring the Supreme Court to turn over e-mails and other records detailing communications between Maynard or his staff and Richmond, Va.-based Massey and Massey chief executive Don Blankenship.

The information was sought as part of the AP's coverage of Maynard's July 2006 vacation rendezvous with Blankenship in Monaco and southern France. The coal company had several cases pending or headed toward West Virginia's Supreme Court at the time.

"It's certainly relevant to know whether such documents exist," AP attorney Pat McGinley said during Wednesday's hearing.

While Canterbury said Maynard doesn't use e-mail often, there were a "couple dozen at most" between the justice and someone at Massey or its representatives. The sealed documents do not include e-mails from Maynard's four law clerks. Those haven't been retrieved yet, Canterbury said.

Canterbury testified he couldn't cite a specific exemption to the state's FOIA law that allows the court to withhold the records. Rather, Canterbury said he's relying on the constitutional separation of powers and the philosophy that the communications of judges should remain private.

"I believe that that's a slippery slope and dangerous precedent," Canterbury said. "Judges have to have, I think, a certain privilege as they deal with matters before them."

Canterbury said he discussed releasing the e-mails with Maynard once and said the chief justice generally agreed with the philosophy that they should remain private.

A Massey spokesman did not immediately return a call seeking comment.

Kanawha Circuit Judge Duke Bloom gave the Supreme Court 10 days to turn over the sealed documents and any communications with Massey by Maynard's staff. The court also must submit a log indicating generally what the e-mails contain.

Maynard's and Blankenship's relationship became public earlier this year when vacation photographs of the two were included in a request that the high court reconsider its November 3-2 decision that overturned a multimillion-dollar judgment won by Harman Mining Co. against Massey in 2002. Maynard voted with the majority.