By TIM HUBER
Associated Press Writer
CHARLESTON, W.Va. (AP) — Ailing state Supreme Court Justice Joseph Albright will not return to the bench the rest of this year to concentrate on recovering from surgery on his esophagus.

The decision was announced Tuesday after the court abruptly canceled its afternoon docket.
Albright had planned to hear cases during the court’s fall term, but told the court his doctors have advised against performing his duties. Court spokeswoman Jennifer Bundy said Albright did not take part telephonically in Tuesday morning’s docket.

“While my powers of analysis are fully intact, it appears to be preferable for me to concentrate on the healing of my body and the restoration of my physical abilities,” Albright said in a letter to Chief Justice Elliott “Spike” Maynard. “My present intention is to resume my full judicial duties at the Court in January 2009.”

Albright had an esophagectomy, which involves removing all or part of the esophagus, July 28.
Albright is healing, according to court administrator Steve Canterbury.

“He’s on the upswing,” Canterbury said. “That’s all I can say.”

Despite Albright’s absence, the court plans to decide the full fall docket by the time the session ends Nov. 21, Bundy said. “This is not going to delay anything.”

Cases remaining on Tuesday’s docket are being rescheduled for Sept. 23. Among them are appeals involving The Charleston Gazette’s Freedom of Information Act action against the city of Charleston and a proposed quarry in Pocahontas County.

The Supreme Court is expected to name one or more justices to fill in during Albright’s absence. If he were to resign, Gov. Joe Manchin would appoint a replacement until the next general election.

Albright, a Wood County native, was elected to the Supreme Court in 2000.

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