Staff Writer
Mingo Circuit Court Judge Michael Thornsbury has filed a discloser with the West Virginia Supremem Court of Appeals that he represented Rawl Sales, the defendant in a multi-million dollar class action suit he is scheduled to preside over in October.
The disclosure comes on the heels of a request by lawyers for the 700+ plaintiffs in the case for Thornsbury to remove himself amid concerns raised 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.
Attorneys also claimed the judge has a personal relationship with Massey CEO Don Blankenship which could affect, or appear to affect, decisions made regarding the company. The Supreme Court ordered a hearing to look into the matter next week in Mingo County.
In papers filed with the court Wednesday, Thornsbury said he had in fact represented Rawl Sales, a Massey subsidiary, “in a couple of matters, around 1984 or 1985”. He goes on to add he also “represented several clients in different actions and claims against the defendant . . . in the time period of the late 1980s or perhaps early 1990s.”
Thornsbury also filed an order scheduling a hearing looking into the matters brought up as grounds for recusal.
That hearing will take place next Tuesday in Williamson. The motion stated “this court has no intention of appointing Community Trust Bank”. The court asked all parties involved to be prepared with names of potential administrators and trustees for the medical monitoring trust.
The class action suit is set to begin in October.
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