Case May Alter Judge Elections Across Country

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MATEWAN, W.Va. — Don L. Blankenship, the chief executive of the nation’s fourth-biggest coal mining company, is not shy about putting his money where his mouth is when it comes to West Virginia politics.

In 2004, he spent $3 million on tough advertisements attacking a justice of the State Supreme Court who was seeking re-election. Some of the advertisements said the justice had agreed to free a sex offender.

“I thought we would beat him more easily than we did,” Mr. Blankenship said, reflecting on how hard it was to persuade voters.

Brent D. Benjamin won that election and went on to join the 3-to-2 majority that threw out a $50 million jury verdict against Mr. Blankenship’s company, Massey Energy.

The question of whether Justice Benjamin should have disqualified himself is now before the United States Supreme Court.

http://www.nytimes.com/2009/02/15/washington/15scotus.html?th&emc=th