Julian, WV – Massey Energy announced today that it has voluntarily agreed to drop a suit challenging the recusal procedures of the West Virginia Supreme Court.

In the suit, Massey asked the Supreme Court to declare that its policy governing judicial recusal was unconstitutional. The suit argued that the court's standard violated the right to due process guaranteed by the 14^th Amendment to the U.S. Constitution.

Massey filed the 2006 suit in response to actions by former West Virginia Supreme Court Justice Larry Starcher, who had refused to step down from Massey cases despite repeatedly making statements critical of the company and Massey CEO Don Blankenship, who Justice Starcher described as “stupid,” and “a clown.”  In the suit, Massey alleged a violation of its right to due process.

The West Virginia Supreme Court rule requires judges to recuse themselves for reasons deemed appropriate, including when their "impartiality might reasonably be questioned." The rule allows a judge to rule on recusal motions that challenge his or her impartiality.

Justice Starcher retired in 2008 and Massey has agreed to dismiss the suit.  “The current West Virginia Supreme Court is, by all accounts, handling matters before it with the utmost professionalism,” said Massey Energy’s general counsel, M. Shane Harvey.  “We initially brought the suit with great reluctance and we are pleased that we can drop the matter now that the forces driving the suit are no longer an issue.”