Spike Maynard

Elliot E. "Spike" Maynard is an American lawyer and jurist from West Virginia. From 1981 to 1997, Maynard served as a Circuit Court judge before being elected to the Supreme Court of Appeals of West Virginia in 1996. [ [http://www.state.wv.us/wvsca/Maynard2.htm Official West Virginia Biography] ] Although he is a Democrat, he is regarded as a conservative. [cite news |first=Chris |last=Stirewalt |title= Let the Campaign for the Court Begin |url=http://www.statejournal.com/story.cfm?func=viewstory&storyid=23655&catid=159 |publisher=The State Journal |date=2007-05-10 |accessdate=2007-12-15 ]

In November 2007, Justice Maynard voted in a 3-2 majority to reverse a $76 Million dollar judgment against Massey Energy Company. The $76 Million dollar judgment ($55 million plus interest) had been awarded by a Boone County, West Virginia, jury to Harmon Mining Corp., a West Virginia coal operation owned by Hugh Caperton. After the Supreme Court reversed the judgment, Hugh Caperton's attorneys learned that Justice Maynard had vacationed in the French Rivera with Massey CEO, Chairman and President Don Blakenship while the case was pending before the court. [ [http://www.nytimes.com/2008/01/15/us/15court.html?scp=4&sq=maynard NY Times Article] ] Bruce Stanley, a Pittsburgh lawyer representing Caperton, said “It is beyond the realm of human comprehension that any judge could claim any semblance of impartiality when, before casting the deciding vote in a $76 million case, he accompanies the CEO of the litigant [Blankenship] on a luxurious trip to the French Riviera.”

Attorney Stanley filed a motion to disqualify Justice Maynard and attached to the motion 34 photographs. Commenting on Justice Maynard's French Rivera trip, Hugh Caperton said “I am bitterly disappointed and angry to look at pictures of these two guys, Maynard and Blankenship, cavorting on the French Riviera while my fate, and the fate of union miners and their families hangs in the balance. Maynard’s vote ruined us. It is surreal. The Supreme Court’s code of ethics requires a justice to disclose any friendship he has related to any case. Maynard did not do it.”

On January 19, 2008, following intense media attention of Justice Maynard's relationship with Massey CEO Don Blakenship, Justice Maynard disqualified himself from the Massey appeal. After Justice Maynard's disqualification, the acting Chief Justice of the West Virginia Supreme Court appointed West Virginia Circuit Judge Don Cookman to sit on the court for Caperton's rehearing petition. On January 23, 2008, the Court voted 5-0 to rehear Caperton's appeal. [ [http://wvgazette.com/News/200801240924 Charleston Gazette Article] ]

In the May 13, 2008 primary election, Maynard, formerly a strong favorite for re-election, was soundly rejected by West Virginia Democrats. In the primary race to select nominees to run for two vacancies on the Supreme Court, Maynard received only 19% of the vote, finishing third behind former Supreme Court Justice, Margaret Workman, with 36% of the vote, and Menis Ketchum, a successful Huntington trial lawyer, with 27% of the vote, and barely edging out a political novice and WVU law professor, Bob Bastress, who garnered 18%. [ [http://www.wsaz.com/elections WSAZ-TV Web-Page] ]

External links

* [http://www.state.wv.us/wvsca/docs/fall07/33350.htm Caperton v. Massey, Majority Opinion]
* [http://www.state.wv.us/wvsca/docs/fall07/33350d2.htm Caperton v. Massey, Justice Starcher's Dissenting Opinion]
* [http://www.state.wv.us/wvsca/docs/fall07/33350d.htm Caperton v. Massey, Justice Albright's Dissenting Opinion]
* [http://www.state.wv.us/wvsca/docs/fall07/33350c.htm Caperton v. Massey, Justice Benjamin's Concurring Opinion]
* [http://www.wvgazette.com/section/News/2008011427?pt=0/ Charleston Gazette Article]
* [http://wvgazette.com/latest/200801240555/ Charleston Gazette Article]
* [http://www.nytimes.com/2008/01/15/us/15court.html?scp=4&sq=maynard/ NY Times Article]
* [http://americanradioworks.publicradio.org/features/judges/ Justice for sale] (American Radio Works)

References