June 26, 2008
E-mails between Maynard, Massey exist, official says
Circuit judge orders documents release

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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    Posted By: TPS Reports (9:39pm 06-27-2008)
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    Maynard + emails to litigant = potential violation of Code of Judicial Ethics.

    Posted By: G. Jones (8:09am 06-27-2008)
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    Canterbury says "Maynard doesn't email much." Two dozen to the same parson is not much? Particularly when that person was an active litigant before the court. Hopefully, the feds are still looking into this affair. Maynard should leave the court immediately -- it may be the only way to save his pension. Canterbury is nothing but a political hack and Maynard's closest friend -- watch him.

    Posted By: UG_MINER (12:44am 06-27-2008)
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    i work for Sidney coal, which is owned by Massey. Im glad he's gone because they are just another big business not worried about citizen's and more importantly workers.. They put us in unsafe conditions everyday and cant complain or theres our job.. maybe not the new judge wont be in blankenships backpocket and will worry about they people !

    Posted By: torgo34 (11:33am 06-26-2008)
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    joecitizen:
    You're exactly right re: Canterbury. What is left out of the article is that Canterbury has been Maynard's formal apologist since he was Spike's campaign director in 1996.
    If he wants to argue e-mail confidentiality with messages solely between Spike and his clerks (4 of them?) - o.k, maybe. Asserting confidentiality with third parties who do not work for the Court is laughable. Nixon tried that, and we see how far he got...

    Posted By: I like Puppets (10:22am 06-26-2008)
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    We will know soon enough if there is anything more to the guise of "friendly" Monaco meetings. If there is anything in those emails other than a friendly hello how are you then Justice Maynard should step down, and all the cases that he has been the "swing vote" on should be reviewed. Justice Maynard has sat on many cases and there is potentially a swath of other "regular Joe's" out there who were not lucky enough to have their cases be the subject of an ABC News Special, a New York Times Article and a local campaign and media blitz to highlight the injustice done to them.

    Hopefully the emails say nothing other than cordial adieu's. However if the email(s) even remotely indicate one feeling, thought, inference, implication on any case whatsoever (not just Massey, judges shouldn't disclose anything about any case) then Justice Maynard should preserve his integrity and that of the court and retire early.

    Posted By: joecitizen (10:00am 06-26-2008)
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    The slippery slope is to attempt to use a separation of powers argument as an excuse to keep hidden improper communications between a litigant and a Supreme Court justice. The powers being separated are the people's fundamental power to oversee their own goernment. I hope Canterbury was holding his nose when he made such a ridiculous statement. Thank goodness the stink from this situation was powerful enough to offend the voters of WV. See ya, Spike! AP - don't stop just because he's out of office. The people STILL have a right to know the rest of the story. Keep up the good work!

    Posted By: Coalminer,s Son (9:55am 06-26-2008)
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    In all honesty all these alleged e-mails doesn't suprise the everyday working man,me as a ex-coalminer have read and seen several decisions by "Spike",all instances when business associations are in the case log his decisions have definately been for business especially Big business.If an every day person had this lurking over his shoulder he would have already been investigated by a federal investigation team.

    Posted By: Question (9:14am 06-26-2008)
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    When the Devil appears to us is he wearing red and holding a pitch fork?

    Posted By: torgo34 (8:13am 06-26-2008)
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    As a state employee, I generally assume that any and everything produced in my office is subject to public disclosure. All of my equipment, and the work product produced thereon, were purchased and maintained at public expense, and I have no right to assert confidentiality in materials maintained at my worksite, on my work computer. Yet another example of arrogance form our soon-to-be-departed-from-office Chief Justice...

    Posted By: WVState (8:02am 06-26-2008)
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    Judges' communications among themselves or with staffs should remain private, but if Maynard was using the state email system to communicate with people outside the court, whether with lawyers or potential litigants, those communications should certainly NOT be private. He has no reason, within the needs for court privacy, to communicate with Massey Energy. It might be personal and private, but it's not court business.

    Posted By: WVU Grad (6:55am 06-26-2008)
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    This is a disgrace to West Virginia. I really don't think John Grishom could have written a better script. My question is, where are the federal prosecutors??!! This begs for a grand jury investigation.

    Posted By: Earned_My_Degree (1:21am 06-26-2008)
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    Can you spell c o v e r u p? It would certainly have been hard to explain these e-mails prior to Election Day, wouldn't it. If Massey had cases before the Court and Judge Maynard had not recused himself in those cases, shouldn't these e-mails have been included along with the legal briefs as part of the official Court record? What do the attorneys out there have to say about this?

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