Apparently, I could go only one day without another post related to the Supreme Court’s decision in Caperton v. A. T. Massey Coal Company. But the Supreme Court of Appeals of West Virginia yesterday resolved the question of who will replace Chief Justice Brent Benjamin when the Court hears the appeal in the fall.
In an administrative order entered yesterday by Justice Robin Jean Davis, acting as chief due to Chief Justice Benjamin’s recusal, she appointed Senior Status Judge James O. Holliday, who retired from the Circuit Court of Putnam County, as Benjamin’s replacement. Paul Nyden reviews Judge Holliday’s prior service on the Supreme Court in the Charleston Gazette.
Justice Davis entered a second administrative order yesterday that terminated the service of Hampshire County Circuit Court Judge Donald H. Cookman and Marion County Circuit Judge Fred L. Fox, II, who had been appointed to replace former Justices Elliott E. "Spike" Maynard and Larry V. Starcher, respectively, when the Court heard the appeal for the second time. Justices Maynard and Starcher are no longer on the Court.
According to Rule 45 of the Rules of the Supreme Court of the United States, the Court will issue its mandate 25 days after entry of the judgment, in case any party files a petition for rehearing. Assuming no petition is filed, the mandate will issue on July 3.
The appeal will be heard for the third time during the Supreme Court of Appeals’ Fall Term, which begins on September 2.