Brent Benjamin

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Brent Benjamin
BBenjaminWV.jpg
Current Court Information:
Supreme Court of Appeals of West Virginia
Title:   Justice
Salary:  $136,000
Service:
Active:   2004-2016
Chief:   2009, 2013
Past position:   Attorney, Robinson and McElwee, PLLC
Personal History
Party:   Republican
Undergraduate:   The Ohio State University
Law School:   The Ohio State University, 1984

Brent D. Benjamin is a justice of the Supreme Court of Appeals of West Virginia. He was elected to a full term in a partisan election in November 2004. His current term ends in 2016. He has served as chief justice in 2009 and 2013.[1]

Education

Benjamin is a graduate of Ohio State University, where he received his B.A. and in 1984, his J.D..[2]

Career

Prior to joining the court, Benjamin was a lawyer with the firm Robinson and McElwee, PLLC, where he practiced for twenty years.[3]

Awards and associations

  • 1999: Graduate, Leadership West Virginia
  • Member, Hocking College Archaeological Mission[3]

Harman Mining v. Massey Coal case

In November 2007, the Supreme Court of Appeals ruled in favor of Massey Coal, reversing a $50 million award from the county court. Subsequently, photographs surfaced of Justice Spike Maynard and Massey CEO Blankenship on vacation in Monaco. The two, said they simply were vacationing at the same place at the same time, and Maynard provided documentation to show he paid his own way. Still, the justices voted unanimously to rehear Harman's case.

Maynard voluntarily recused himself from all Massey cases, and Harman demanded Justice Benjamin also step down. Benjamin refused, and on July 28 the Court ruled in the Harman Mining case against Massey Coal. Instead of simply stating his specific reasons for voting in the majority of a 3-2 vote when Massey's appeal of a $50 million verdict in favor of Caperton's company proved successful, the acting chief justice on the case issued a 58-page opinion, touching on a wide variety of topics.[4]

See this link to read the full text of Justice Benjamin's concurring opinion.

Harman is currently asking the U.S. Supreme Court to rule that Benjamin should have stepped down from the Massey case.[5]

According to Justin D. Anderson of the Charleston Daily Mail, Benjamin claims that "the Harman lawyers haven't mentioned many other facts about the election that he considers more crucial to his win than the anti-McGraw ads placed by the campaign that called itself "And For the Sake of the Kids."[4]

See here for a MSNBC interview with Don Blankenship where he addresses Benjamin's refusal to recuse himself from a current lawsuit involving Massey Energy.

Ultimately, the case was decided by the U.S. Supreme Court. In 2009, the court found that Benjamin should have recused himself, after benefitting from $3 million in campaign contributions. The ruling said that Benjamin's involvement violated the 14th Amendment, denying the plaintiffs due process of law. In response, Benjamin
"noted the Supreme Court had not questioned his ethics, integrity or impartiality. He said the high court's "new standard...now places more due process emphasis on perceptions and independent actions of external parties than on a judge's actual conduct or record."
[6]

Additional reading

WV Governor election

In early 2011, a Supreme Court battle ensued about when to elect the next Governor of West Virginia.

Citizen Action Group and local attorney Thorton Cooper say the state Constitution and state code disagree, and a special election for governor should be called quickly. Attorneys for Acting Gov. Earl Ray Tomblin and House Speaker Richard Thompson disagree whether an election should be called. Secretary of State Tennant‘s legal counsel took a neutral position.

Kathryn Bayless, counsel for CAG, said only the court could require the Legislature and Tomblin to act, and that an election is needed as soon as possible. Bayless argued that article 7 section 16 of the Constitution is clear there “shall” be a “new” election for governor in event of an absence.

“The people of West Virginia want a new election, and that is what the Constitution provides for,” Bayless said.

“What would you have us do in respect to President Tomblin and the Speaker,” asked Justice Brent Benjamin. “What would you have us mandate those two individuals do? You have us mandate those two individuals to legislate?”

“No sir, I would mandate a new election be conducted as soon as practical, and I believe the court has the authority to do that,” Bayless said.[7]

Political ideology

See also: Political ideology of State Supreme Court Justices

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices in their paper, State Supreme Court Ideology and 'New Style' Judicial Campaigns. A score above 0 indicated a more conservative leaning ideology while scores below 0 are more liberal. Benjamin received a Campaign finance score (CFscore) of 0.46, indicating a conservative ideological leaning. This is more conservative than the average CF score of -0.35 that justices received in West Virginia. The study is based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study is not a definitive label of a justice, but an academic gauge of various factors.[8]

See also

External links

References

West VirginiaSupreme Court of Appeals of West VirginiaWest Virginia Circuit CourtsWest Virginia Family CourtsWest Virginia Magistrate CourtsWest Virginia Municipal CourtsUnited States District Court for the Northern District of West VirginiaUnited States District Court for the Southern District of West VirginiaUnited States bankruptcy court, Northern District of West VirginiaUnited States bankruptcy court, Southern District of West VirginiaUnited States Court of Appeals for the Fourth CircuitWest Virginia countiesWest Virginia judicial newsWest Virginia judicial electionsJudicial selection in West VirginiaWestVirginiaTemplate.jpg