ELSEWHERE: Pending Case involving W.Va.'s highest court highlights dangers when justices speak off the bench

Our Constitution guarantees the individual the right of free speech.  However, that right is not without limits.  Of course, we all know the Holmes' admonition about yelling fire in a theater or your right to speak goes only as far as my right not to listen.

But not all may know that soldier's rights of free speech are limited by government service. 

And this is not the only public service position in which one much watch what they say as not all conduct is without consequences.

Here is a post that prompted this rumination.  It is from the W.Va. Record and discusses the issues of recusal arising from a sitting justice's remarks outside of published (and not to be published) court opinions.

Bias is not a judicial trademark that is valued by those appearing before the courts (even though many would love the bias to be in their favor).  Justices and judges speak to groups all of the time, and striking the balance between public service speeches and potential proconceived bias problems has raised its ugly head in W.Va.  Click on heading for entire story.

W. Va. SC seeking appeal in recusal case
CHARLESTON - While Massey Energy's case against it continues, attorneys for the state's Supreme Court of Appeals are asking for an appeal of a federal judge's decision not to dismiss the suit.

"Because immediate appeal from the Court's Order may materially advance the ultimate termination of the litigation, certification is appropriate," wrote members of the Tinney Law Firm in the motion.

U.S. District Judge for the Southern District of West Virginia John T. Copenhaver Jr. must grant the interlocutory appeal, which would be heard by a federal appeals court.

The case concerns statements made by current Supreme Court Justice Larry Starcher concerning Massey and its CEO, Don Blankenship. Massey argues that Starcher has shown a personal bias against both, and that the company (and subsidiary Marfolk Coal) would be unfairly treated if Starcher is allowed to participate in the cases against Massey currently before the Court.

Starcher has publicly called Blankenship "stupid" and "a clown." Two major jury awards against Massey are before the court, a $243 million award in a contract dispute and a $76 million Boone County award. The Boone appeal was heard in October, though Starcher did not attend. He will still participate in the decision.