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The West Virginia Supreme Court has ruled that Judge Michael Thornsbury is not required to recuse from the case involving Massey Coal Company.  According to the Associated Press (via Forbes.com), the high court found that “Conflict-of-interest allegations are not sufficient grounds for disqualification.”  However, the Supreme Court also ordered Judge Thornsbury to hold a hearing on the administration of the medical monitoring fund and what fees it can charge and to report back to the Supreme Court on that issue.

A little over a month has passed since the Caperton decision, and things still seem to be rotten in the state of West Virginia. Both the Charleston Gazette and the Associated Press (via Forbes.com) are reporting new accusations of judicial impropriety in a case involving Massey Energy, the coal company that was accused in Caperton of buying a WV Supreme Court Justice through campaign donations.

County Judge Michael Thornsbury is presiding over a separate pollution case involving Massey.  A motion filed by plaintiff’s attorneys to have Judge Thornsberry removed from the case alleges that seven thousand dollars donated by Massey’s lawyers to the Judge’s election campaign may have bought the company suspect judicial decisions in its favor, including denying the plaintiffs’ motion for a class-action suit, and foisting a settlement offer upon the plaintiffs with very little notice.

The Caperton decision spoke of how the appearance of impropriety could dangerously erode public confidence in the judicial system. These West Virginia cases, which highlight the problem of judges accepting campaign donations from the lawyers and parties before them, undermine the public’s confidence even further.