Brent Benjamin: Difference between revisions
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'''Brent D. Benjamin''' is chief justice of the [[West Virginia Supreme Court of Appeals]]. |
'''Brent D. Benjamin''' is chief justice of the [[West Virginia Supreme Court of Appeals]]. |
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Justice Benjamin hails originally from [[Marietta, Ohio]], but has made residence in West Virginia for the past 20 years. Before his election, he was a principal attorney with Robinson and McElwee, PLLC in [[Charleston, West Virginia]]. His 20-year practice at that firm involved general civil litigation in state and federal courts, including toxic torts and complex litigation. His civil rights practice focused on protecting children from physical and sexual abuse. He was elected to the West Virginia Supreme Court of Appeals in November 2004. Benjamin received 53% of the votes, McGraw received 47%. He began a 12 year term on January 1, 2005. |
The very corrupt, Justice Benjamin hails originally from [[Marietta, Ohio]], but has made residence in West Virginia for the past 20 years. Before his election, he was a principal attorney with Robinson and McElwee, PLLC in [[Charleston, West Virginia]]. His 20-year practice at that firm involved general civil litigation in state and federal courts, including toxic torts and complex litigation. His civil rights practice focused on protecting children from physical and sexual abuse. He was elected to the West Virginia Supreme Court of Appeals in November 2004. Benjamin received 53% of the votes, McGraw received 47%. He began a 12 year term on January 1, 2005. |
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He has practiced in the [[U.S. Court of Appeals for the Fourth Circuit]], the [[U.S. District Court for the Southern District of West Virginia]], the Supreme Court of Appeals of West Virginia, and the [[Kentucky Supreme Court]]. He is a 1999 graduate of Leadership West Virginia. He is also a current member of the Hocking College Archaeological Mission, and has participated in [[Archaeology|archaeological]] excavations in the United States and [[Egypt]]. |
He has practiced in the [[U.S. Court of Appeals for the Fourth Circuit]], the [[U.S. District Court for the Southern District of West Virginia]], the Supreme Court of Appeals of West Virginia, and the [[Kentucky Supreme Court]]. He is a 1999 graduate of Leadership West Virginia. He is also a current member of the Hocking College Archaeological Mission, and has participated in [[Archaeology|archaeological]] excavations in the United States and [[Egypt]]. |
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In April 2008, Benjamin cast the deciding vote in a controversial state Supreme Court case (Caperton v. A.T. Massey Coal Company, Inc.) that reversed a $50 million verdict in favor of Harman Mining against the coal giant [[Massey Energy]].<ref>{{cite web|title=Court sides with Massey|url=http://wvgazette.com/News/200804030809}}</ref> Benjamin refused to recuse himself from the case despite being the beneficiary of more than $3 million in independent campaign expenditures from Massey's chief executive, Don Blankenship. The decision has been widely cited as an example of the perils of judicial elections, in which judges accept campaign donations from citizens who have litigation pending before their courts. |
In April 2008, Benjamin cast the deciding vote in a controversial state Supreme Court case (Caperton v. A.T. Massey Coal Company, Inc.) that reversed a $50 million verdict in favor of Harman Mining against the coal giant [[Massey Energy]].<ref>{{cite web|title=Court sides with Massey|url=http://wvgazette.com/News/200804030809}}</ref> Benjamin refused to recuse himself (can you imagine) from the case despite being the beneficiary of more than $3 million in independent campaign expenditures from Massey's chief executive, Don Blankenship. The decision has been widely cited as an example of the perils of judicial elections, in which judges accept campaign donations from citizens who have litigation pending before their courts. |
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Hugh Caperton, chief executive of Harmon Mining, filed a [[petition]] for [[certiorari]] with the [[Supreme Court of the United States|United States Supreme Court]] arguing that Massey executive Don Blankenship's expenditure of $3 million on behalf of Benjamin's election raised an appearance of partiality on Benjamin's part, which required him to disqualify and, in the absence of that, denied Harman Mining due process of law. The Harman Mining petition is supported by [[Amicus curiae|amicus brief]]s filed by the [[American Bar Association]], The [[Brennan Center for Justice]], The [[Committee for Economic Development]] and [[Public Citizen]]. The United States Supreme Court later agreed to hear the case, and oral arguments were heard March 3, 2009. <ref>{{cite web|title=Caperton v. Massey (WV Supreme Court of Appeals)| url=http://www.brennancenter.org/content/resource/caperton_v_massey/}}</ref><ref>{{cite web|title=Big verdict against Massey will stand| url=http://www.legalnewsline.com/news/217710-big-verdict-against-massey-will-stand}}</ref><ref>{{cite web|title=Caperton v. Massey (SCOTUS)|url=http://www.supremecourtus.gov/docket/08-22.htm/}}</ref> |
Hugh Caperton, chief executive of Harmon Mining, filed a [[petition]] for [[certiorari]] with the [[Supreme Court of the United States|United States Supreme Court]] arguing that Massey executive Don Blankenship's expenditure of $3 million on behalf of Benjamin's election raised an appearance of partiality on Benjamin's part, which required him to disqualify and, in the absence of that, denied Harman Mining due process of law. The Harman Mining petition is supported by [[Amicus curiae|amicus brief]]s filed by the [[American Bar Association]], The [[Brennan Center for Justice]], The [[Committee for Economic Development]] and [[Public Citizen]]. The United States Supreme Court later agreed to hear the case, and oral arguments were heard March 3, 2009. <ref>{{cite web|title=Caperton v. Massey (WV Supreme Court of Appeals)| url=http://www.brennancenter.org/content/resource/caperton_v_massey/}}</ref><ref>{{cite web|title=Big verdict against Massey will stand| url=http://www.legalnewsline.com/news/217710-big-verdict-against-massey-will-stand}}</ref><ref>{{cite web|title=Caperton v. Massey (SCOTUS)|url=http://www.supremecourtus.gov/docket/08-22.htm/}}</ref> |
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Revision as of 20:57, 5 June 2009
Brent D. Benjamin is chief justice of the West Virginia Supreme Court of Appeals.
The very corrupt, Justice Benjamin hails originally from Marietta, Ohio, but has made residence in West Virginia for the past 20 years. Before his election, he was a principal attorney with Robinson and McElwee, PLLC in Charleston, West Virginia. His 20-year practice at that firm involved general civil litigation in state and federal courts, including toxic torts and complex litigation. His civil rights practice focused on protecting children from physical and sexual abuse. He was elected to the West Virginia Supreme Court of Appeals in November 2004. Benjamin received 53% of the votes, McGraw received 47%. He began a 12 year term on January 1, 2005.
He has practiced in the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the Southern District of West Virginia, the Supreme Court of Appeals of West Virginia, and the Kentucky Supreme Court. He is a 1999 graduate of Leadership West Virginia. He is also a current member of the Hocking College Archaeological Mission, and has participated in archaeological excavations in the United States and Egypt.
In April 2008, Benjamin cast the deciding vote in a controversial state Supreme Court case (Caperton v. A.T. Massey Coal Company, Inc.) that reversed a $50 million verdict in favor of Harman Mining against the coal giant Massey Energy.[1] Benjamin refused to recuse himself (can you imagine) from the case despite being the beneficiary of more than $3 million in independent campaign expenditures from Massey's chief executive, Don Blankenship. The decision has been widely cited as an example of the perils of judicial elections, in which judges accept campaign donations from citizens who have litigation pending before their courts.
Hugh Caperton, chief executive of Harmon Mining, filed a petition for certiorari with the United States Supreme Court arguing that Massey executive Don Blankenship's expenditure of $3 million on behalf of Benjamin's election raised an appearance of partiality on Benjamin's part, which required him to disqualify and, in the absence of that, denied Harman Mining due process of law. The Harman Mining petition is supported by amicus briefs filed by the American Bar Association, The Brennan Center for Justice, The Committee for Economic Development and Public Citizen. The United States Supreme Court later agreed to hear the case, and oral arguments were heard March 3, 2009. [2][3][4]