WEST Virginia Supreme Court Justice Brent Benjamin was elected in 2004 because Massey Energy's CEO spent an astounding $3.5 million to defeat Benjamin's Democratic opponent.

On Thursday, Benjamin cast the deciding vote to hand a $77 million lawsuit victory to Massey, in a 3-2 ruling.

Perhaps Benjamin's action was honestly objective - but any high school child can see that circumstances cast a pall of suspicion over this outcome.

State judicial ethics rules require a judge to abstain from a case if there's even an "appearance" that he or she might be swayed toward one side or the other. What stronger appearance could there be than one created by $3.5 million in campaign spending?

After Thursday's ruling, Justice Joseph Albright filed a dissent saying "the majority has radically strayed from the fundamental principles of fairness and justice."

Two other justices abstained from this Massey case - Elliott "Spike" Maynard, because he was photographed cavorting on the French Riviera with the Massey CEO while big Massey cases were before the court; and Larry Starcher, because he publicly called the CEO a "clown" and "stupid" and said the CEO "purchased a seat on our Supreme Court." But Benjamin wouldn't follow the ethics example of Maynard and Starcher.

West Virginia's high court is drawing national notoriety as an example of warped justice. Author John         Grisham said on network television that he used the Mountain State as the basis for a novel in which a corporation tries to buy a Supreme Court election to undo a huge lawsuit judgment.

Tonight, ABC News is to broadcast two national reports - first on "World News with Charles Gibson" and later on "Nightline" - about West Virginia's court mess. They will include footage of a scuffle between the Massey CEO and an ABC newsman.

Meanwhile, opposing lawyers say they will appeal last week's $77 million loss to the U.S. Supreme Court. We wonder if America's highest court will decide that neutrality is compromised when a judge votes in favor of a company whose CEO spent $3.5 million to get him elected?

During the regular legislative session, some lawmakers were so upset by this problem that they proposed amending the state constitution to create a special Judicial Recusal Commission to decide whether such judges should be removed from cases. But their effort failed to pass.

It will be a shame if West Virginia becomes known nationally as a place where the highest court is under a cloud of suspicion. Both judiciary committees of the Legislature should hold hearings and try to find a solution to dispel the cloud.

On Thursday, Benjamin cast the deciding vote to hand a $77 million lawsuit victory to Massey, in a 3-2 ruling.

Perhaps Benjamin's action was honestly objective - but any high school child can see that circumstances cast a pall of suspicion over this outcome.

State judicial ethics rules require a judge to abstain from a case if there's even an "appearance" that he or she might be swayed toward one side or the other. What stronger appearance could there be than one created by $3.5 million in campaign spending?

After Thursday's ruling, Justice Joseph Albright filed a dissent saying "the majority has radically strayed from the fundamental principles of fairness and justice."

Two other justices abstained from this Massey case - Elliott "Spike" Maynard, because he was photographed cavorting on the French Riviera with the Massey CEO while big Massey cases were before the court; and Larry Starcher, because he publicly called the CEO a "clown" and "stupid" and said the CEO "purchased a seat on our Supreme Court." But Benjamin wouldn't follow the ethics example of Maynard and Starcher.

West Virginia's high court is drawing national notoriety as an example of warped justice. Author John         Grisham said on network television that he used the Mountain State as the basis for a novel in which a corporation tries to buy a Supreme Court election to undo a huge lawsuit judgment.

Tonight, ABC News is to broadcast two national reports - first on "World News with Charles Gibson" and later on "Nightline" - about West Virginia's court mess. They will include footage of a scuffle between the Massey CEO and an ABC newsman.

Meanwhile, opposing lawyers say they will appeal last week's $77 million loss to the U.S. Supreme Court. We wonder if America's highest court will decide that neutrality is compromised when a judge votes in favor of a company whose CEO spent $3.5 million to get him elected?

During the regular legislative session, some lawmakers were so upset by this problem that they proposed amending the state constitution to create a special Judicial Recusal Commission to decide whether such judges should be removed from cases. But their effort failed to pass.

It will be a shame if West Virginia becomes known nationally as a place where the highest court is under a cloud of suspicion. Both judiciary committees of the Legislature should hold hearings and try to find a solution to dispel the cloud.