Lawyers for a failed West Virginia coal company are trying for a third time to convince West Virginia Supreme Court Justice Brent Benjamin to disqualify himself from a case involving Massey Energy, citing a public opinion poll showing that two-thirds of state residents doubt the judge can be impartial.

His 2004 election was aided by more than $3.5 million in campaign contributions by Massey, CEO Don Blankenship and related parties.

Justice Benjamin has declined two previous requests to recuse himself.

"Results of the survey unequivocally confirm that reasonable and prudent West Virginians ... have doubts that Justice Benjamin can be fair and impartial" because of the campaign contributions, lawyers for Hugh Caperton, Harman Mining and two affiliates said in a motion filed yesterday in Charleston.

A lower court ordered a Massey affiliate to pay $50 million in damages to Mr. Caperton and Harman in 2002, a judgment that has grown to more than $75 million because of penalties and interest.

Massey appealed the case to the Supreme Court, which overturned it by a 3-2 vote in November. Justice Benjamin sided with Massey, as did Chief Justice Elliott Maynard.

Two months later, Chief Justice Maynard recused himself from cases involving Massey after photos of him vacationing with Mr. Blankenship in 2006 on the French Riviera were filed by with the court by Mr. Caperton's attorneys.

Federal investigators have questioned court employees about ties between the judge and Mr. Blankenship, according to The Wall Street Journal.

Justice Larry Starcher, who voted against Massey when the Harman case was originally decided, has recused himself from the rehearing. Mr. Blankenship sought Justice Starcher's disqualification because of sharp criticism the justice levied against the Massey executive for his campaign financing.

"The pernicious effects of Mr. Blankenship's bestowal of his personal wealth and friendship have created a cancer in the affairs of this court," Justice Starcher wrote.

Justice Benjamin is acting as chief justice in rehearing the Harman case because Chief Justice Maynard stepped aside. He appointed circuit court judges to replace Justices Maynard and Starcher. His second decision not to recuse himself came last month, when he said "inaccuracies and innuendo do not serve as a proper basis for seeking the disqualification of a judicial officer."

Bruce Stanley, the Pittsburgh attorney representing Mr. Caperton, said Justice Benjamin has ignored West Virginia law requiring judges to step aside if "a reasonable and prudent person, given all the facts and circumstances, might doubt the judge's ability to be fair."

To show that their claim that perceptions about Justice Benjamin's ability to be impartial is based in fact, Harman commissioned a poll of 753 West Virginia voters.

It revealed that 67 percent of those surveyed doubted that Justice Benjamin could be impartial and 15 percent thought he could be fair. The poll was conducted between Monday and Thursday by Talmey-Drake Research & Strategy of Boulder, Col.

Those surveyed gave nearly identical answers when asked whether Justice Benjamin could be impartial in hearing Massey's appeal of a $240 million judgment it was ordered to pay to Wheeling-Pittsburgh Steel last summer.

That case is also before the court.