Brent D. Benjamin
Encyclopedia
Brent D. Benjamin is a justice on the Supreme Court of Appeals of West Virginia
. During his election campaign and subsequent tenure on the Court, his alleged relationship with the Chief Executive Officer
of coal giant Massey Energy
has subjected him to controversy. In June 2009, the United States Supreme Court
ruled that his refusal to recuse himself in a case involving Massey constituted a denial of due process. He served as the inspiration for John Grisham
's 2008 novel, The Appeal
.
, but has made residence in West Virginia for the past 20 years. He received his Bachelor of Arts and Juris Doctor degrees from The Ohio State University
. 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 served as an Associate Justice from 2005 to 2008 and 2010, and was Chief Justice under the Court's rotation scheme in 2009. He is married, and has five children.
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.
During the 2004 Judicial campaign, Massey Energy CEO Don Blankenship
spent $3 million dollars in a state-wide ad campaign to defeat then West Virginia Supreme Court Justice Warren McGraw
, whom Benjamin was challenging. According to the later United States Supreme Court opinion written by Justice Anthony Kennedy
, Blankenship's contribution was "more than the total amount spent by all other Benjamin supporters and three times the amount spent by Benjamin's own committee." In April 2008, Benjamin became involved when the case relating to Blankenship's company (Caperton v. A.T. Massey Coal Co.
) came before the West Virginia Supreme Court of Appeals. Despite calls for Benjamin to recuse himself due to Blankenship's involvement in Benjamin's 2004 campaign, Benjamin remained on the case and was twice part of the three to two majority that ruled on behalf of Massey Energy, reversing the 2002 verdict. Harman Mining's owner, Hugh Caperton, appealed the case to the United States Supreme Court, which ruled in June 2009 that elected judges must recuse themselves from cases where exceptionally large campaign contributions from interested parties create the appearance of bias, and remanded the case to the West Virginia Supreme Court for a rehearing. Writing for the majority, Justice Kennedy called the appearance of conflict of interest
so "extreme" that Benjamin's failure to recuse himself constituted a threat to the plaintiff's Constitutional right to due process
under the Fourteenth Amendment
. Chief Justice John G. Roberts Jr.'s dissent
warned that the majority's decision would have dire consequences for "public confidence in judicial impartiality."
Benjamin's election and his involvement in Caperton v. Massey became the inspiration for the best-selling 2008 novel The Appeal by John Grisham, a dramatization of the dangers of conflict of interest in an elected judiciary.
Supreme Court of Appeals of West Virginia
The Supreme Court of Appeals of West Virginia is the state supreme court of West Virginia, the highest of West Virginia's state courts. It is located in the state capital, Charleston....
. During his election campaign and subsequent tenure on the Court, his alleged relationship with the Chief Executive Officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of coal giant Massey Energy
Massey Energy
Massey Energy Company was a coal extractor in the United States with substantial operations in West Virginia, Kentucky and Virginia. By revenue, it was the fourth largest producer of coal in the United States and the largest coal producer in Central Appalachia...
has subjected him to controversy. In June 2009, the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that his refusal to recuse himself in a case involving Massey constituted a denial of due process. He served as the inspiration for John Grisham
John Grisham
John Ray Grisham, Jr. is an American lawyer and author, best known for his popular legal thrillers.John Grisham graduated from Mississippi State University before attending the University of Mississippi School of Law in 1981 and practiced criminal law for about a decade...
's 2008 novel, The Appeal
The Appeal
The Appeal is a 2008 novel by John Grisham, his twenty-first book and his first fictional legal thriller since The Broker was published in 2005. It was published by Doubleday and released in hardcover in the United States on January 29, 2008...
.
Biography
Justice Benjamin hails originally from Marietta, OhioMarietta, Ohio
Marietta is a city in and the county seat of Washington County, Ohio, United States. During 1788, pioneers to the Ohio Country established Marietta as the first permanent American settlement of the new United States in the Northwest Territory. Marietta is located in southeastern Ohio at the mouth...
, but has made residence in West Virginia for the past 20 years. He received his Bachelor of Arts and Juris Doctor degrees from The Ohio State University
Ohio State University
The Ohio State University, commonly referred to as Ohio State, is a public research university located in Columbus, Ohio. It was originally founded in 1870 as a land-grant university and is currently the third largest university campus in the United States...
. Before his election, he was a principal attorney with Robinson and McElwee, PLLC in Charleston, West Virginia
Charleston, West Virginia
Charleston is the capital and largest city of the U.S. state of West Virginia. It is located at the confluence of the Elk and Kanawha Rivers in Kanawha County. As of the 2010 census, it has a population of 51,400, and its metropolitan area 304,214. It is the county seat of Kanawha County.Early...
. 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 served as an Associate Justice from 2005 to 2008 and 2010, and was Chief Justice under the Court's rotation scheme in 2009. He is married, and has five children.
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
Kentucky Supreme Court
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the commonwealth of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky...
. 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.
During the 2004 Judicial campaign, Massey Energy CEO Don Blankenship
Don Blankenship
Donald Leon "Don" Blankenship was Chairman and CEO of Massey Energy Co., the sixth largest coal company in the United States...
spent $3 million dollars in a state-wide ad campaign to defeat then West Virginia Supreme Court Justice Warren McGraw
Warren McGraw
Warren Randolph McGraw is a lawyer, politician, and judge in West Virginia and brother to current West Virginia Attorney General Darrell McGraw.- Personal life :...
, whom Benjamin was challenging. According to the later United States Supreme Court opinion written by Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, Blankenship's contribution was "more than the total amount spent by all other Benjamin supporters and three times the amount spent by Benjamin's own committee." In April 2008, Benjamin became involved when the case relating to Blankenship's company (Caperton v. A.T. Massey Coal Co.
Caperton v. A.T. Massey Coal Co.
Caperton v. A. T. Massey Coal Co., 129 S. Ct. 2252 , is a decision by United States Supreme Court dealing with the circumstances under which a judge has a duty to recuse himself from a case.- History :...
) came before the West Virginia Supreme Court of Appeals. Despite calls for Benjamin to recuse himself due to Blankenship's involvement in Benjamin's 2004 campaign, Benjamin remained on the case and was twice part of the three to two majority that ruled on behalf of Massey Energy, reversing the 2002 verdict. Harman Mining's owner, Hugh Caperton, appealed the case to the United States Supreme Court, which ruled in June 2009 that elected judges must recuse themselves from cases where exceptionally large campaign contributions from interested parties create the appearance of bias, and remanded the case to the West Virginia Supreme Court for a rehearing. Writing for the majority, Justice Kennedy called the appearance of conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
so "extreme" that Benjamin's failure to recuse himself constituted a threat to the plaintiff's Constitutional right to due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Chief Justice John G. Roberts Jr.'s dissent
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
warned that the majority's decision would have dire consequences for "public confidence in judicial impartiality."
Benjamin's election and his involvement in Caperton v. Massey became the inspiration for the best-selling 2008 novel The Appeal by John Grisham, a dramatization of the dangers of conflict of interest in an elected judiciary.