A week after he recused himself from a high-profile case involving a longtime friend, Chief Justice Elliott "Spike" Maynard officially filed Friday afternoon for another 12-year term on the state Supreme Court.
A week after he recused himself from a high-profile case involving a longtime friend, Chief Justice Elliott "Spike" Maynard officially filed Friday afternoon for another 12-year term on the state Supreme Court.
"There are two seats, so I can't have them both," Maynard said while filing in the Secretary of State's Office, his first public appearance since pictures surfaced showing him and Massey Energy chief Don Blankenship vacationing together in Europe.
Those photos were filed with the Supreme Court earlier this month by lawyers for Hugh Caperton, whose firm Harman Mining is involved in a lawsuit against Massey. The photos were taken while the Massey lawsuit was pending before the Supreme Court.
The justices later voted 3-2 to throw out a $76 million verdict against Massey, with Maynard voting in the majority. With Maynard recused, the court voted unanimously on Thursday to rehear the case.
Maynard was considered practically a shoo-in for a second term before the pictures became public. Since then, he has found himself under attack from other Democrats running for the Supreme Court and numerous newspaper editorials questioning his integrity.
"I hope that it hasn't hurt badly and as time goes along and we get an opportunity, we'll explain our story," Maynard said of the controversy.
He insisted Friday that the vacation with Blankenship was an innocent venture that did not change how he would have ruled in the case.
"There's really nothing there," he said. "It's a bunch of rumors, but the people have to decide that."
Maynard said his spirits were lifted Thursday night at a fundraiser held at the Charleston residence of state Sen. Truman Chafin, D-Mingo, and sponsored by a number of legislative leaders.
A week after he recused himself from a high-profile case involving a longtime friend, Chief Justice Elliott "Spike" Maynard officially filed Friday afternoon for another 12-year term on the state Supreme Court.
"There are two seats, so I can't have them both," Maynard said while filing in the Secretary of State's Office, his first public appearance since pictures surfaced showing him and Massey Energy chief Don Blankenship vacationing together in Europe.
Those photos were filed with the Supreme Court earlier this month by lawyers for Hugh Caperton, whose firm Harman Mining is involved in a lawsuit against Massey. The photos were taken while the Massey lawsuit was pending before the Supreme Court.
The justices later voted 3-2 to throw out a $76 million verdict against Massey, with Maynard voting in the majority. With Maynard recused, the court voted unanimously on Thursday to rehear the case.
Maynard was considered practically a shoo-in for a second term before the pictures became public. Since then, he has found himself under attack from other Democrats running for the Supreme Court and numerous newspaper editorials questioning his integrity.
"I hope that it hasn't hurt badly and as time goes along and we get an opportunity, we'll explain our story," Maynard said of the controversy.
He insisted Friday that the vacation with Blankenship was an innocent venture that did not change how he would have ruled in the case.
"There's really nothing there," he said. "It's a bunch of rumors, but the people have to decide that."
Maynard said his spirits were lifted Thursday night at a fundraiser held at the Charleston residence of state Sen. Truman Chafin, D-Mingo, and sponsored by a number of legislative leaders.
"I was really overwhelmed," he said. "I'll be honest with you, I got a little choked up."
The chief justice acknowledged the woman he took with him on his European venture is an employee of the state Supreme Court.
"We were both single and seeing each other," the 65-year-old Mingo County native said, noting that the court has no rule prohibiting justices from dating their employees.
"We don't have any policy that prohibits that," he said. "I really need to speak to that at length and I will at some point."
Bob Bastress, a West Virginia University law professor who is running for the court, said earlier in the week he found no problem with a justice who is not married dating an unmarried employee.
However, Bastress also said Maynard had lowered the public's perception of the court and needs to realize vacationing with people who have cases before the court is not ethical.
He called for Maynard, and Justices Brent Benjamin and Larry Starcher to all recuse themselves from hearing cases involving Massey. Benjamin allowed Blankenship to spend more than $3 million on his 2004 campaign, while Starcher had been publicly critical of Blankenship's actions. Starcher also is up for re-election, but is not running.
Cabell County lawyer Menis Ketchum and Charleston lawyer Margaret Workman, a former state Supreme Court justice, have also filed for the two seats. Republican Beth Walker, a Charleston lawyer, is so far the only Republican to file.
To contact staff writer Tom Searls, use e-mail or call 348-5198.
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