 | ||||
-------
Search the Republican Gazette ---->
The Republican Gazette
Please make sure to hit your refresh button for the current edition
Pile on time
Various groups join in on Caperton appeal to blast Justice Benjamin for not recusing himself from Massey Energy case
BRENT BENJAMIN
Organizations ranging from the American Bar Assocation to Public Citizen have filed "friend of the court" briefs in support of Harman Mining and its president, Hugh Caperton, in Harman's appeal of its jury verdict against Massey Energy, which was twice overturned by the West Virginia Supreme Court, both times by a 3-2 vote even with different justices considering the case each time.Other groups joining in the chorus in the appeal to the U.S. Supreme Court are the Washington Appellate Lawyers Association, the Campaign Legal Center & Reform Institute at New York University's Brennan Center for Justice, and the Committee on Economic Development, according to The Associated Press.High-profile Caperton attorney Ted Olson -- whose connections and influence undoubtedly played a large role in cajoling the various other organizations to join his appeal -- said last month, "A line needs to be drawn somewhere to prevent a judge from hearing cases involving a person who has made massive campaign contributions to benefit the judge. We certainly believe that, in this case, acting Chief Justice Benjamin crossed that line."But what did Benjamin himself do to cross any line? As Benjamin himself pointed out in an opinion filed last week, a judge should not be required to recuse himself simply because of the actions of others outside of his sphere of influence."It has long been recognized that there is 'a presumption of honesty and integrity in those serving as adjudicators,'" Benjamin wrote. "Due process therefore requires recusal only in those rare cases wherein a judge or justice has a 'direct, personal, substantial (or) pecuniary interest' in the outcome of the case."Indeed, when justices Spike Maynard and Larry Starcher both recused themselves from the case, it was because of demonstrable actions taken of their own accord -- Maynard's widely-publicized rendezvous with Massey CEO Don Blankenship in Monaco, and Starcher's various public rants and insults hurled at Blankenship and Massey.Benjamin, on the other hand, is guilty of neither a close friendship with Blankenship, nor of making inflammatory comments about either party involved in the case. That he should be forced to step aside because of independent expenditures beyond his control and without his approval would set a precedent that would rightfully require the recusal of most of the state Supreme Court justices any time a trial lawyer was involved in a case, since trial lawyer groups have supported the Democrat members of the court to the tune of millions of dollars over the years.As Benjamin wrote last week, "West Virginia's judicial officers have a duty to hear such matters as are assigned to them except those in which disqualification is required... This 'duty to sit' is not optional."Benjamin also noted, "Under the self-serving due process standard of disqualification proposed by the Appellees and the Dissenting opinion herein, the actual purpose of due process would be frustrated by litigants who would hold a near-veto power over the composition of a publicly-elected court, by those who could wage public relations campaigns designed to malign judicial officers in order to manufacture 'apparent conflicts,' and by those who would challenge a decision not by its legal correctness, but by its political correctness. The long-lasting negative effect on public confidence in our courts caused by an appearance-driven due process standard for disqualification of a judicial officer would be incalculable."Benjamin also pointed out, "Federal courts have consistently rejected the contention that appearance-driven conflicts, without more, raise due process implications. As recently recognized by the Third Circuit, no decision 'has held or clearly established that an appearance of bias on the part of a judge, without more, violates the Due Process.'" 
Howell launches multi-county radio ad across district
GARY HOWELL
Gary Howell, state Senate candidate in the 14th District, is launching a multi-county radio ad touting his belief in lower taxes, stronger education and protecting gun rights.The ad will play onmultiple stations and reach most voters across the seven-county district.
To hear the ad, click the play button below. Libertarian Party likely to file suit against WV deadline for signatures
According to Ballot Access News, an attorney for the Libertarian Party will likely file suit against West Virginia's deadline for submitting valid signatures in order for its candidate to appear on the state's presidential ballot.The report said, "The West Virginia Libertarian presidential petition probably doesn’t have enough valid signatures. The campaign is continuing to obtain more, and will submit them soon. If the first batch is insufficient, a particular experienced attorney will file a lawsuit against the deadline. The basis for the lawsuit will be Anderson v Celebrezze."The news site also reported, "The West Virginia Constitution Party submitted 20,610 signatures to be on the 2008 ballot for president. Some of them had been turned in previously and have an 80% validity rate." About 15,000 valid signatures are necessary in West Virginia for independent presidential candidates to appear on the ballot.In the text box below, nominate your Republican of the Year, and describe in a few words why he or she should be selected.
REPUBLICAN OF THE YEAR
