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Photo courtesy of the West Virginia Supreme Court of Appeals Chief Justice Brent D. Benjamin speaks as the West Virginia Supreme Court as it opens for the January 2009 term at the State Capitol in Charleston, W.Va. Tuesday, Jan. 13, 2009. Senior Justice Thomas McHugh, center, and Justice Menis E. Ketchum sit in the background.

AP

The Associated Press The West Virginia Supreme Court opens for the January 2009 term at the State Capitol in Charleston, W.Va., Tuesday, Jan. 13, 2009.

Photo courtesy of the West Virginia Supreme Court of Appeals Chief Justice Brent Benjamin looks on as the Marshall University Drum and Fife Corps play Tuesday, Jan. 13, 2009, during the first day of the new term of the West Virginia Supreme Court of Appeals.

Photo courtesy of the West Virginia Supreme Court of Appeals The Marshall University Drum and Fife Corps play Tuesday, Jan. 13, 2009, during the first day of the new term of the West Virginia Supreme Court of Appeals.

AP

The Associated Press Chief Justice Brent D. Benjamin addresses the West Virginia Supreme Court as it opens for the January 2009 term at the State Capitol in Charleston, W.Va., Tuesday, Jan. 13, 2009. Senior Justice Thomas McHugh, center, and Justice Menis E. Ketchum sit in the background.