Attorneys representing plaintiffs in an ongoing lawsuit against Massey Energy have filed a memorandum that Mingo County Circuit Judge Michael Thornsbury 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.

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

Dr. 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.

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