Spike Maynard
Encyclopedia
Elliot E. "Spike" Maynard is an American lawyer and former judge from West Virginia
. In 1996 he was elected as a Democrat to the Supreme Court of Appeals of West Virginia
. A judge of West Virginia's 30th Judicial Circuit
for over 16 years, he was elected as a Democrat
to a 12-year term on the Supreme Court of Appeals of West Virginia
in 1996.
In 2010, Maynard switched parties
and won the Republican
nomination to challenge longtime Democratic U.S. Representative
Nick Rahall
in West Virginia's 3rd congressional district
. On November 2, 2010, Maynard was defeated in his election bid in the closest election in Rahall's political history.
Reconnaissance Group from 1961 to 1966. He received his Bachelor of Science
from Florida Southern College
in 1967 He served as the managing director of the Tug Valley Chamber of Commerce from 1968 to 1970. Maynard attended the West Virginia University College of Law
and received his J.D.
in 1974.
Maynard was an attorney in private practice
from 1974 and 1981, and also served as the prosecuting attorney for Mingo County
from 1976 to 1981.
In 1996, he was elected to a 12-year term as a justice of the Supreme Court of Appeals of West Virginia. Maynard served as an associate justice until 2000, when he became the Chief Justice.
. The judgment ($55 million plus interest
) had been awarded by a Boone County
jury to Harman Mining, a West Virginia coal
company owned by Hugh M. Caperton.
After the Supreme Court reversed the judgment, Caperton's attorneys learned that Maynard had vacationed in the French Riviera
with Don Blankenship
, the CEO, chairman, and president of Massey Energy, and photos of the trip emerged. 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 on a luxurious trip to the French Riviera."
On January 19, 2008, following intense public scrutiny, Maynard disqualified himself from the Massey appeal. The acting chief justice appointed 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.
for two seats on the court, Maynard was defeated, coming in third behind former Supreme Court Justice Margaret Workman
and Huntington trial lawyer Menis E. Ketchum. Maynard barely edged out a political novice and West Virginia University law professor Bob Bastress.
Opinions
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
. In 1996 he was elected as a Democrat to the Supreme Court of Appeals of West Virginia
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....
. A judge of West Virginia's 30th Judicial Circuit
West Virginia Circuit Courts
The West Virginia Circuit Courts are the West Virginia state trial courts of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties...
for over 16 years, he was elected as a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
to a 12-year term on the Supreme Court of Appeals of West Virginia
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....
in 1996.
In 2010, Maynard switched parties
Party switching in the United States
In the United States politics, party switching is any change in party affiliation of a partisan public figure, usually one who is currently holding elected office...
and won the Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
nomination to challenge longtime Democratic U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Nick Rahall
Nick Rahall
Nick Joe Rahall II is the U.S. Representative for West Virginia's 3rd congressional district, serving since 1977. Rahall is currently Ranking Member of the House Resources Committee. He is a member of the Democratic Party. The district includes much of the southern portion of the state, including...
in West Virginia's 3rd congressional district
West Virginia's 3rd congressional district
West Virginia's 3rd congressional district is located in the southern part of the state, it is based in the state's second largest city, Huntington and includes Bluefield, Princeton, and Beckley.The district is currently represented by Democrat Nick Rahall....
. On November 2, 2010, Maynard was defeated in his election bid in the closest election in Rahall's political history.
Early life, education, and legal career
Maynard served in the United States Air ForceUnited States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
Reconnaissance Group from 1961 to 1966. He received his Bachelor of Science
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...
from Florida Southern College
Florida Southern College
Florida Southern College is a private college located in Lakeland, Florida, United States. It was selected by U.S...
in 1967 He served as the managing director of the Tug Valley Chamber of Commerce from 1968 to 1970. Maynard attended the West Virginia University College of Law
West Virginia University College of Law
The West Virginia University College of Law is the professional school for the study of law at West Virginia University in Morgantown, West Virginia. The law school was established in 1878 as the first professional school in the state of West Virginia...
and received his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
in 1974.
Maynard was an attorney in private practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
from 1974 and 1981, and also served as the prosecuting attorney for Mingo County
Mingo County, West Virginia
As of the census of 2000, there were 28,253 people, 11,303 households, and 8,217 families residing in the county. The population density was 67 people per square mile . There were 12,898 housing units at an average density of 30 per square mile...
from 1976 to 1981.
Judicial career
Maynard was appointed a judge of the 30th Judicial Circuit in 1981. He was elected in 1981 and subsequently reelected. He served on the court until 1997.In 1996, he was elected to a 12-year term as a justice of the Supreme Court of Appeals of West Virginia. Maynard served as an associate justice until 2000, when he became the Chief Justice.
Massey Energy controversy
In November 2007, Maynard voted with the majority in a 3-2 decision to reverse a $76 million judgment against Massey EnergyMassey 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...
. The judgment ($55 million plus interest
Interest
Interest is a fee paid by a borrower of assets to the owner as a form of compensation for the use of the assets. It is most commonly the price paid for the use of borrowed money, or money earned by deposited funds....
) had been awarded by a Boone County
Boone County, West Virginia
As of the census of 2000, there were 25,535 people, 10,291 households, and 7,460 families residing in the county. The population density was 51 people per square mile . There were 11,575 housing units at an average density of 23 per square mile...
jury to Harman Mining, a West Virginia coal
Coal mining
The goal of coal mining is to obtain coal from the ground. Coal is valued for its energy content, and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from iron ore and for cement production. In the United States,...
company owned by Hugh M. Caperton.
After the Supreme Court reversed the judgment, Caperton's attorneys learned that Maynard had vacationed in the French Riviera
French Riviera
The Côte d'Azur, pronounced , often known in English as the French Riviera , is the Mediterranean coastline of the southeast corner of France, also including the sovereign state of Monaco...
with 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...
, the CEO, chairman, and president of Massey Energy, and photos of the trip emerged. 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 on a luxurious trip to the French Riviera."
On January 19, 2008, following intense public scrutiny, Maynard disqualified himself from the Massey appeal. The acting chief justice appointed 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.
2008 judicial campaign
Maynard's 12-year term expired in 2009. Maynard ran for re-election and was initially the strong favorite. However, in the May 13, 2008 primary electionPrimary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
for two seats on the court, Maynard was defeated, coming in third behind former Supreme Court Justice Margaret Workman
Margaret Workman
Margaret Lee Workman, a Democrat, is the Chief Justice of the Supreme Court of Appeals of West Virginia. In West Virginia, the status of Chief Justice, by tradition, rotates between the justices annually and is mainly an administrative post....
and Huntington trial lawyer Menis E. Ketchum. Maynard barely edged out a political novice and West Virginia University law professor Bob Bastress.
2010 U.S. Congressional campaign
After switching his party affiliation to Republican, Maynard officially filed candidacy papers on February 1, 2010 to run for the U.S. House in the 3rd District of West Virginia. He won the party primary with 30.1% of the vote against three other candidates. Maynard has said that his campaign "is about protecting the coal industry, including all the jobs associated with it." Rahall defeated Maynard in the November general election.Electoral history
External links
- Campaign contributions at OpenSecrets.org
- Motion Ties W. Virginia Justice to Coal Executive, Adam Liptak, New York Times, January 15, 2008
- Supreme Court to rehear Massey-Caperton case, Charleston Gazette, January 24, 2008
- Maynard wants to stop Washington’s ‘War on Coal’, Ken Ward Jr.,Charleston Gazette, February 1, 2010
- Reminder: Spike Maynard on the Aracoma Mine fire, Ken Ward Jr.,Charleston Gazette, February 2, 2010
- Justice for sale, William Kistner, American Radio Works
Opinions