Attorneys representing plaintiffs in an ongoing lawsuit against Massey Energy filed a memorandum seeking Mingo County Circuit Judge Michael Thornsbury to recuse himself from the case questioning his ability to remain impartial.

The motion, filed last week in Williamson, raises concerns about the appointments of the administrator and trustee of the medical monitoring program Massey has been ordered to maintain. The purpose of the multi-million program is to keep parties apprised of the alleged health effects caused by coal slurry the company pumped into the ground in the Rawl area for several years, beginning in the 1970s.

The motion states Judge Thornsbury has named Dr. D.C. Beckett as administrator of the program. As administrator, Beckett would arrange for tests and analysis and report of results to the plaintiffs. There is also a financial duty involved as administrator, and a health care administrator frequently fills such positions.

Beckett served as Thornsbury’s campaign manger in his last judicial election. As campaign manager, Beckett worked with Jackson Kelly, the law firm representing Massey in the Rawl lawsuit, the petition continues.

Beckett is also a health care contractor for Massey Energy, as well as business partner with Thornsbury in Williamson Renaissance Development, a local real estate development company.

“Appointment of Dr. Beckett — business partner and campaign manager — is cronyism at its worst ... and a slap in the face to the plaintiffs,” the motion stated, additionally claiming the appointment has “sinister overtones”.

The bank named as the trustee of the monitoring program is Community Trust Bank, Inc. Thorns-bury and Beckett are co-debtors on a $1.6 million deed of trust as part of Williamson Renaissance. Community Trust Bank is the creditor of the deed of trust.

Concerns about of the fees paid to the trustee and the administrator are also addressed in the motion. The motion maintains trust documents first proposed provided for a fixed fee for the administrator and the trustee. However, trust documents later allowed for open ended fees. The motion states “Dr. Beckett and the bank have the potential to charge substantial fees for many years from their appointments.”

The documents filed further contend that the appointments are the result of communications be-tween Thornsbury and Massey lawyers behind the scenes. Counsel for the plaintiffs said when they inquired about the status of the preparation of the documents of the monitoring program, Massey lawyers “simply never responded”.

The motion states “It is in Judge Thornsbury’s economic interest to throw business to Dr. Beckett”.

In an exclusive interview with the Daily News prior to a written statement to be released Wednesday, Thornsbury said Beckett had not been appointed to the trustee position, and that during discussions, Beckett had declined to accept the job.

“These allegations are false and misleading,” Thornsbury said. “There has been no order appointing him. When asked about it, Dr. Beckett declined the position. He has said he can’t even take new patients.”

However, court transcripts show attorneys proposed Beckett as administrator, and Thornsbury agreed.

“We have proposed that Dr. Christopher Beckett, a local ...,” an attorney for Massey said, before being cut off by the judge, the transcript reads.

“Already discussed it with him, so ordered,” Thornsbury answered.

As for accusations that Thornsbury maintains a personal relationship with Massey CEO Don Blank-enship that may influence his decisions in cases where the company is involved, the judge denied allegations brought forth in the motion.

“I have no political, business or any other type of relationship with Don Blankenship,” Thornsbury said. “I have presided over hundreds of cases [involving Massey] in the past 13 years, and it has not been a problem.”

Kevin Thompson is the attorney who filed the paperwork asking Thorns-bury to remove himself from the case. He said he feels it is obvious the judge should recuse himself.

“I cannot say how upset I am. I have been practiced in front of Judge Thornsbury for seven years, and have always had the utmost respect for him,” Thompson told the Daily News. “I believed in him so much I donated to his election campaign.

“However, the information we have gave us no choice but to protect our clients’ best interest by filing this claim,” Thompson said. “The motion speaks for itself.”