CHARLESTON -- West Virginia Supreme Court of Appeals Chief Justice Elliott "Spike" Maynard said he believes the state needs to set standards for judges regarding their personal and professional relations with those who appear before them in court.

Maynard's comments came in response to a recent controversy that involved the justice vacationing with coal company executive Don Blankenship -- a longtime friend whose company is involved in litigation before the Supreme Court.

In an exclusive Jan. 23 interview with The State Journal, Maynard said he did nothing wrong by meeting with Blankenship, Massey Energy's president, CEO and chairman, while the two vacationed separately in Europe. But he said photos included in a court filing have caused a perception problem about how the court works and whether he voted to hear an appeal in a case involved Massey because of his friendship with Blankenship.

As a result, Maynard has recused himself from future discussions of the case, including a rehearing conference scheduled for Jan. 24 about the lawsuit businessman Hugh Caperton filed alleging Massey tried to force his companies out of business.

Circuit Court Judge Donald Cookman, who serves Hardy, Pendleton and Hampshire counties, will fill in for Maynard.

"The reason why I recused myself, even though I was fair and impartial in this case as well as every other case, is that it became an appearance problem ... it was a perception problem particularly in the way the press portrayed everything, Maynard said.

"Appearances do count, and the public needs to believe the system is fair," he continued. "I think I did the right thing. I really didn't need to sit in on this case. There are other good judges out there that can do it, and if it helps with the public's perception about the court, it was the right and only thing I could do."

Maynard said he and Blankenship have been friends for about 30 years. Both men grew up in Mingo County and lived there during their adult lives. They still run in similar circles and have been seen over the years at lunch or dinner together in Charleston.

"I've never tried to hide my friendship with Don," Maynard said.

But that friendship was called into question earlier this month, when the vacation photos emerged.

Maynard was one of three justices who voted in November to hear an appeal in Caperton's 1998 lawsuit. Caperton, who owns Harman Development Corp., Harmon Mining Corp. and Sovereign Coal Sales Inc., alleged Massey Energy defrauded his coal companies and tried to drive him out of business.

In 2002, a Boone County jury sided with Caperton, awarding him $50 million in damages. Since then, the amount of damages has gone up to more than $75 million, including penalties and interest.

Massey appealed that jury verdict to the Supreme Court in 2006.

It was about that time, in July 2006, that Maynard took a vacation to Europe with a female companion. He said he purchased a vacation package that included airplane tickets and hotel rooms through the travel Web site Expedia.com using his American Express card. He said he learned Blankenship would be on vacation at the same time but would be in the Mediterranean kingdom of Monaco. The two men agreed to meet in Monte Carlo.

"We hooked up and had a couple of meals together and did a day of sightseeing together," Maynard said.

He said he paid for his and his companion's meals and all other travel expenses.

"I need to be crystal clear about this: On this trip, I paid my own way. It was booked as an Expedia package, and it was charged to my American Express, and I paid the bill," he said. "I paid for my own entertainment and my rental car."

Maynard said he doesn't know how Caperton or his attorneys got copies of the photos and doesn't really care.

"They are just pictures of a guy on vacation in public places and around a lot of people," he said.

What he does care about is making sure this type of issue doesn't haunt other judges. He said he believes the state needs to establish some kind of rules for judges to follow so they know when their behavior may be considered inappropriate. He said just about every judge in the state has had to preside over cases in which at least one of the lawyers involved is a friend. Judges and lawyers often go to lunch or dinner together. They socialize together. They sometimes travel together. And in many of those cases, he said, multi-million-dollar verdicts are at stake

So what's the difference here, he asked.

"I just think we need to set a standard, and the standard has to be the same for everyone," he said, adding that when he was a circuit court judge in Mingo County he rarely had a case in which he didn't know at least one of the people involved.

"Mingo County is a small county where everyone knows each other" and so is the state, he said.

Justices are often asked to recuse themselves from cases. Sometimes they agree to. Other times they refuse.

Jennifer Bundy, a spokeswoman for the Supreme Court, said Justice Robin Jean Davis recuses herself every time the high court hears a case involving her husband, lawyer Scott Segal, or his firm. Justice Brent Benjamin, Bundy said, also recuses himself when his former law firm is involved in a case before the court.

But other times justices decide to stay on and hear the appeal. In the same case from which Maynard recused himself, Caperton's lawyers have twice asked Benjamin to recuse himself on the grounds that Blankenship was a major contributor to a political organization that helped fund the justice's 2004 Supreme Court bid. Benjamin, who also voted in favor of the appeal, refused both requests.

In addition, Massey has filed numerous motions to have Justice Larry Starcher recuse himself from cases involving the company on the grounds that Starcher has made negative statements from the bench about the coal giant. Those statements, the company's lawyers contend, indicate possible biases. Starcher traditionally refuses to step aside.

"This case has gotten a lot of attention, but sometime down the road we have to set some standards," Maynard said.