West Virginia Supreme Court elections

From Judgepedia

Results of all contested 2008 state Supreme Court elections

On May 13, West Virginia voters ousted sitting Justice Elliott "Spike" Maynard in his re-election bid for West Virginia's highest court; democratic challengers Margaret Workman, herself a former Supreme Court Justice, and Huntington lawyer Menis Ketchum were the prevailing Democrat nominees for this fall's general election. Beth Walker is the lone Republican candidate for one of two vacant seats.

The top two vote getters will receive a 12 year term on the West Virginia Supreme Court for their efforts. The Supreme Court is in session for "two terms," each year. The first term begins on the second Tuesday in January and lasts until July; the second term starts on the first Wednesday in September and ends in December. Per West Virginia law, candidates for the supreme court must have practiced law for at least ten years.^[1]

2008 General Election results

On November 4, Democrats Menis Ketchum and Margaret Workman won seats on the Supreme Court. With all 1,887 precincts reporting, Ketchum received 353,293 votes and Workman garnered 333,254 votes. Republican Beth Walker received 327,084 votes. Each candidate will serve a 12-year term.^[2]

Judicial Philosophies

Menis Ketchum

"My judicial philosophy is really quite simple," said Ketchum, in the West Virginia Record. "I believe it is the function of judges to even-handedly apply the law rather than to make the law. If I'm fortunate enough to be elected, I want to be known as a fair-minded Justice who puts the law before politics or ideology. I will do my best to see that our citizens and corporations receive equal treatment before the court and that criminals - especially violent ones - receive the punishment they deserve. I want to be a fair judge to all of the people."^[3]

Beth Walker

Walker has publicly rejected the progressive idea that the United States Constitution is a "living, evolving" document. ^[4]

Walker's website notes she has "...clearly [expressed] her criticism of activist judges who make up the law rather than strictly following it" and concern "...that liberal judges all too often seem willing to ignore the rule of law and instead try to impose their personal agendas on us."^[5]

"As a justice, I will focus on interpreting the law, not legislating from the bench."^[6]

Margaret Workman

Margaret Workman believes that "The people of West Virginia have a right to expect certain basic qualities from our state’s highest court, and my slogan is intended to communicate those expectations: Fairness, Integrity, & Energy. Fairness and equal treatment for each person, from the powerless to the powerful. Integrity of the highest caliber, & Justices who act in a manner that not only demonstrates judicial temperament, but also which inspires faith in the court system. Energy in the form of hard work, Justices willing to roll up their sleeves and work on a multitude of cases so people can have their day in court.^[7]

Campaign Contributions

Menis Ketchum

In the race for West Virginia Supreme Court, Menis Ketchum has raised $545,729 as of July 8, 2008. $290,000, or 53.14% of the total contributions, are listed under "Candidate Self-Finance." Lawyers and Lobbyists make up the second largest industry in giving, at $41,450, or 7.6% of the total.^[8]

Beth Walker

In her campaign for West Virginia Supreme Court, Walker has raised a total of $118,205. The large majority, 93.66%, of contributions are from individuals. These contributions make up $110,705 of the total. For a current summary of her campaign contributions, visit Follow the Money: Beth Walker.

Leading into the final week before the election, Walker had nearly twice as much cash on hand as Workman and Ketchum combined. According to an Associated Press report, "Walker sported a balance of at least $248,100 in mid-October, compared to $108,781 for Margaret Workman and just under $40,000 for Menis Ketchum."^[9]

Margaret Workman

Although the election is pending, Margaret Workman has raised $646,295 so far for her race. The candidate herself has contributed $600,000, or 92.84% of the total.^[10]

For a complete list of contributions for all her races, both judicial and legislative, please visit Follow the Money: Margaret Workman.

Endorsements

Menis Ketchum

• West Virginia AFL-CIO
• Bluefield Daily Telegraph
• The Herald-Dispatch
• The Charleston Gazette
• West Virginia Education Association
• United Mine Workers of America
• West Virginia Chapter of the American Federation of Teachers

Beth Walker

• West Virginia State Medical Association - WESPAC
• West Virginia Farm Bureau - WV FARM PAC
• West Virginia Business and Industry Council - WVBIC
• West Virginians for Life -WVFL - PAC
• West Virginia Chamber of Commerce
• West Virginia Oil Marketers and Grocers Association - OMEGA
• West Virginia Manufacturers Association
• West Virginia Health Care Association
• West Virginia Motor Truck Association
• West Virginia Citizens Defense League
• West Virginia Coal Association
• West Virginia Hospital PAC
• West Virginia Bankers Association PAC
• Harrison County Chamber of Commerce
• Huntington Area Chamber of Commerce
• Bluefield Daily Telegraph
• The West Virginia Citizens Defense League Political Action Committee

Margaret Workman

• Bluefield Daily Telegraph
• AFL-CIO
• The Charleston Gazette

2008 Coverage

Wheeling News Register endorses the ladies

The editorial staff of the The Intelligencer: Wheeling News Register endorsed both Margaret Workman and Beth Walker in their bids for supreme court justice:^[11]

Both Walker and Workman have impressive credentials and philosophies in regard to how the court should function. For many years, the court was dominated by judicial activists who believed they should use their power to promote social and political agendas. That was wrong, of course: The state Legislature is empowered to make laws. The Supreme Court is supposed to restrict its rulings to determining whether those laws are in accordance with the state Constitution.

Workman and Walker agree with that. We do not believe their opponent, Huntington lawyer Menis Ketchum, does.

Polls show a tight race

A mid-October poll of likely voters showed that former Justice Margaret Workman will, in all probability, be returned to the bench she left 8 years ago; the contest for the second vacancy on the state high court remains quite close, however. In their first choice for Supreme Court, voters chose first Workman, then Beth Walker and then Menis Ketchum. Pollsters gave respondents a second choice, in their second selection they chose Workman, Ketchum and Walker--in that order.^[12]

West Virginia Public Broadcasting interviews

Three weeks before the general election, West Virginia Public Broadcasting sat down with each candidate for supreme court and let them speak about their perspectives on the court and what they would bring to it if elected:

Menis Ketchum excerpts:^[13]

First of all, if elected I would divorce myself from the social scene. I would divorce myself from giving speeches around the State. I would divorce myself from politics.

In that light, to take politics out of it, I’ve pledged never to run again. I don’t want to be on that Court with four years to go on my term or two years to go on my term subconsciously thinking, oh will this decision cost me votes with Chamber of Commerce or will this decision cost me votes with labor.

it’s my position that the Legislature sets a policy, the Legislature makes the law and the Supreme Court applies the law. And the Supreme Court should only even interpret the law and if it’s ambiguous. But I’ve been practicing the law for forty-one years and I’ve seen very few ambiguous laws.

Beth Walker excerpts:^[14]

...I think that one of the improvements that we can make in our Supreme Court in particular is to take some of the politics out of the court, out of the decision making process...

You know if our court system is seen as totally fair then that helps business that helps labor. You know that helps with jobs and opportunities here.

...you have to balance the importance of the institution and its reputation, and that people--everyone in West Virginia-- is confident that when they go to court, win or lose, their case will be decided fairly.

Margaret Workman excerpts:^[15]

My integrity is impeccable; I don’t have any black marks on my integrity. And I think the people of West Virginia are really crying out for authencity and integrity on the Supreme Court.

Well I think the job of the court is to follow the law, to interpret the law where it needs interpretation and not to be an advocate for either side. Whether its business or labor, or plaintiff or defense.

...if I’m going to be perfectly honest, I know a lot about the court system having worked (sic) in it on the inside for eighteen years and if there’s one segment of the court system, if we have another million dollars to spend, where that money ought to go is improving the family court system. And I think that is a greater need if we’re going to establish priorities then the need for an intermediate appeal court at this time.

Special interest groups against ad disclosures

The Center for Individual Freedom and West Virginians For Life have both appealed to a federal court judge, arguing that they should not have to disclose spending reports for advertising they air pertaining to the 2008 West Virginia Supreme Court election; the legislature passed the disclosure provisions earlier in the year.

Currently, such groups (i.e., non-candidate) are required to report spending over $5,000 and ads that air between October 1st and Election Day. The provision covers ads that 'expressly advocate the election or defeat of clearly identified candidates, or perform its functional equivalent.

Lawyers for both groups told presiding U.S. District Judge Thomas Johnston that the rules are overreaching and are unconstitutionally vague. The groups filed separate, but now condensed, lawsuits against Secretary of State Betty Ireland (who, in her role as Secretary, serves as chief of the elections office) and a county prosecutor to prevent enforcement.

The lawyers asked Johnston "to block disclosure for phone banks, mass mailings and billboard ads."

Ireland's lawyer argues that since the election is germane only to West Virginians that "people have a right to know who is making statements about candidates."

Two supreme court candidates, Margaret Workman and Menis Ketchum are hoping that the rules stand; they both have legally intervened in the case.^[16] Lawyers for the duo argued that West Virginians For Life timed their appeal with the current state supreme court election.

"Instead of trying to participate in the legislative process and get things changed, or bringing the case earlier, they literally filed at the last minute," said Workman and Ketchum's lawyer, Anthony Majestro. At one point during the appeal, Majestro held up a mailer produced by the West Virginia Citizens Against Lawsuit Abuse, "in which the organization 'saluted' the leadership abilities of Republican Beth Walker."

"This is, plain and simple, an effort to get Beth Walker elected to the Supreme Court," he said. "There is no issue involved."^[17]

Candidates speak about judicial elections

During a public forum in South Charleston, the three candidates for the West Virginia Supreme Court were asked how they viewed West Virginia's process of selection judges, i.e. through partisan elections; here's what each candidate had to say:^[18]

Ketchum: "I want to get people to remember my name and it's Ketchum not ketchup but call me anything you want if you'll vote for me. I think it's great! I love campaigning."

Walker: "I'm just doing what is necessary to get the message out and I think that's part of the process and I think that's positive. It's clearly...a contest."

Margaret: "You're not supposed to be a politician you're supposed to be a judge or a judicial candidate and yet you have to go out and raise money like some average politician. There's no perfect way to select judges; every system is fraught with some sort of political overlay. But every survey that's been taken says that West Virginians prefer to elect their judges rather than to have them appointed."

Op ed encourages judicial study

In a Metro News op-ed titled "We can figure this out," lawyers for the Peyton Law Firm advocate commissioning a disinterested firm to study how West Virginia could improve its judicial system. The editorial bemoans the two great factions influencing judicial operations--the plaintiffs' bar and big business--as well as the lack of appeals courts.

Using the 2008 West Virginia Supreme Court election for the backdrop, the editorial criticizes the recent move by two special interest groups to attempt to convince federal judges to throw out election laws in order to attack candidates with anonymity. It goes on to assert this year's election will do little to change the fact that "Ideology has largely replaced qualifications as a defining characteristic for court candidates."^[19]

Workman and Ketchum's campaign contributions

Two of the three candidates for the West Virginia Supreme Court have accepted campaign contributions from lawyers with a pending $400 million class action case to be heard by the court at a date not yet established; the plaintiff's lawyers have contributed $14,000 between the two Democrats. (Council for the defendants have given $1,000 to Workman, as well.)

The $7,500 Ketchum received from the two firms is part of more than $160,000 in large contributions (more than $250) donated to him by plaintiffs lawyers, while Workman collected a total of $78,933.

Beth Walker has not received any such donations.^[20]

Candidates agree on a few things

All three Supreme Court candidates told the West Virginia Record that the Court's judicial climate needs to change; the trio also agreed on the role of the judiciary. Elizabeth "Beth" Walker reminded her audience that the Constitution is not a "living, breathing document."

"'The Legislature creates laws, and the court should apply the laws,' Ketchum said, adding that there are very few ambiguous laws that the court needs to interpret."

"The Constitution affords justices certain powers, but certain powers should be left to the legislative and executive branches," Workman said.

They also agreed that justices should recuse themselves from cases if there is any conflict.^[21]

Ketchum accused of double-speak

Steve Cohen, executive director of West Virginia Citizens Against Lawsuit Abuse, wrote an op-ed for The Record, questioning all sorts of claims Supreme Court candidate Menis Ketchum has made about his judicial qualifications and legal background. He also asserts that Ketchum's media campaign has done little to inform voters what kind of justice Ketchum would be. Cohen wrote, "Seriously, his television ads say nothing else about him. Nothing more than he is a candidate for the highest court in the state and has a catchy name. This is how our justices earn their seats on the bench? Are voters content to know anything more about him?"

Cohen also asserts that Kethcum has lied about his experience in front of the West Virginia Supreme Court. Ketchum's claim that he has argued more cases in front of the Court than all but one other lawyer, can be debunked by research, Cohen says. Whereas Ketchum told a group of businessmen that more than half of his clients have been "defendants 'for business'", Cohen says reality proves otherwise; less than one third of Ketchum's clients fall into that category.

Last, but not least:

And on the subject of television ads, remember the spots Ketchum ran in the primary featuring uniformed police officers? When informed they were illegal he, a judicial candidate, said he "didn't know the law," and vowed to yank them, yet they continued to air.^[22]

Costs mount for two contested seats

As the road to the state's highest court winds down--or up--the cost to place two new justices on the bench continues to gain press. While candidates spent more than $2 million on the May Primary, some predict that the winnowed-down race between Democrats Margaret Workman and Menis Ketchum, and Republican Beth Walker will be the most expensive in state history.^[23]

Proposal to end judicial elections

Several members of the West Virginia Legislature say it's time to take partisan politics out of judicial elections. West Virginia is one of only seven states to elect members of its highest court in a partisan election. Thirteen states use nonpartisan elections. In four states, judges at most levels are appointed by the governor. The legislatures of two states appoint judges. In the remaining 24 states, judges are appointed through a merit system. There are at least three bills pending in both the state Senate and the House of Delegates that would change West Virginia to a nonpartisan election of judges. They differ in a few details, such as whether the change would apply to Supreme Court races only or to circuit court elections, too.^[24]

Judicial responsibilities

As the state gears up to elect two people to the Supreme Court of Appeals this fall, candidates for the bench are learning the issues facing them as future justices may have as much to do with mending bridges as deciding law. Four West Virginia Supreme Court candidates at a February 18, 2008 panel discussion stated that the state's high court has taken a hit in prestige in recent years. As a result, the candidates said, the high court has lost some of the respect of the public. The reasons for the change in perception were as varied as the candidates who took part in the panel discussion sponsored by the Independent Insurance Agents of West Virginia. Some blamed recent headlines about justices having to recuse themselves from certain cases because of potential conflicts of interest. Others say the state's perception of being a tort hell has chipped away at the court's reputation. Others say the 2004 election -- one of the nation's most contentious and expensive judicial elections that year -- turned people off to the court system as a whole.

"I think there are problems on the court, and it's very important that (people) have faith in the court system," said Margaret Workman, a Democrat who joined fellow Democrats Robert Bastress and Elliott "Spike" Maynard and Republican Beth Walker in the debate. A fifth candidate for the Supreme Court, Democrat Menis Ketchum, did not attend the forum. Ketchum, a Huntington lawyer and former member of Marshall University's Board of Governors, said he planned to participate in the forum but fell ill. Workman said her past experience as a Supreme Court justice gives her an advantage to come in to the high court and be a peacemaker among the five justices. But Maynard, who is an incumbent justice, said the people selected to sit on the state's highest court aren't always supposed to get along. "People in West Virginia didn't send us there to agree with each other," he said. "It's our job to disagree." In addition to delving into the issue of the court's image, the forum covered a variety of topics, ranging from when a Supreme Court justice should recuse himself or herself to whether Supreme Court justices should be appointed or elected. The recusal question stems from recent headlines.

The candidates also differed when asked whether they believe West Virginia is a "judicial hellhole" as has been claimed by the National Chamber of Commerce and other groups. Bastress and Workman said the label is false and slanderous to the state's judicial system. They said a recent WVU study shows the caseloads and judgments in West Virginia are within the national norms. Plus, they said, circuit judges have the ability to dismiss frivolous lawsuits. The judicial hellhole label, they said, is being used by outside special-interest groups to manipulate the state. "It's a term that obfuscates the debate," Workman said. Walker and Maynard had a different point of view, though. They said regardless of whether the state's judicial system is within bounds of national norms, the perception among business leaders, company CEOs and major corporate law firms is that something is amiss in West Virginia. And that perception, Walker and Maynard said, needs to change. "What matters in my view is that it is a perception," Walker said. "There's no sense in getting into an argument about whether that perception is accurate. We have to change the perception."^[25]

Ketchum: First to run negative ad

Menis Ketchum was the first candidate to run a negative add against Justice Maynard who was an easy target after Maynard made headlines earlier in the year for vacationing with Massey Energy CEO Don Blankenship.^[26]

Three days previously, in a Q&A session with the Bluefield Daily Telegraph, Ketchum was asked, along with the other candidates, whether or not the negative press Maynard received as a result of his trip could be considered "a smear campaign against Maynard." Ketchum responded: "He's been beat on enough."^[27]

Workman: Pre-primary interview

The State Journal printed an article on all of the candidates prior to the primary election. On whether a new type of court is needed, Workman offered a response. Menis Ketchum, a Huntington attorney, declined to comment. He said every time he tried to talk about issues facing the Court and issues in the election, he was "blistered" by the press. As a result, he said he wasn't participating in any more candidate debates, forums or doing any more interviews. Margaret Workman, a former West Virginia Supreme Court justice who is currently working as a lawyer in Charleston, said creating an intermediate-level appellate court would be very expensive and said she'd rather see the money help family court judges.

While candidates can't talk about how they would rule on specific issues or cases before they come up, they can talk in general terms about issues facing the court. One criticism of the state's high court in the past is that judges have been too "activist," that is, using their rulings to change state law and create desired policies. Workman said she is letting her history of rulings on the court speak for themselves. "No one has to guess about what my record is," she said. "I followed the law." During her previous tenure on the court, Workman said she created a judiciary task force to review domestic violence fatalities that happened while the case was progressing through the court system. She said she also visited every prison in the state. "One of the things I also believe in is if you sentence someone to prison, I think you have to visit that prison," she said.

The current race and the Supreme Court race back in 2004 have raised questions in certain arenas about whether judges and justices should be elected or appointed. Workman said one of the reasons why she wanted to serve the court again is to bring it a bit of tranquility. "The court needs me because as we all know there has been such turmoil and vitriol up there," she said, adding, "I believe I am the person that can calm the turmoil. I know them all. I am peacemaker."^[28]

Bluefield Daily Telegraph interviews candidates

On May 5, 2008 the Bluefield Daily Telegraph Editorial Board hosted a question and answer panel session with each West Virginia Supreme Court candidate. Below are the questions, with each current candidate's response (responses have been taken verbatim from the Telegraph's article). (For information on how Justice Maynard and Bob Bastress responded, please see the full article.)^[29]

"Pro-business" or "pro-labor"

Supreme Court justices are often identified as pro-labor or pro-business. Please differentiate between the two. And how do you disassociate the economic and social welfare of the state with your mandate to render equal justice under the law?

• Menis Ketchum: Ketchum said business and labor go hand-in-hand. “Business isn’t always right and labor isn’t always right,” he said. “I think they both want predictability under the law.” Ketchum said the Supreme Court should apply the law, and not interpret or create it. “If the court does not legislate and applies the law, then we’ll make great strides.”
• Beth Walker: Labels of pro-labor and pro-business are associated with policy agendas by the Supreme Court. “I’d like to change that,” Walker said, noting the court should simply apply the law.
• Margaret Workman: “I’m not pro-business or pro-labor,” Workman said. Supreme Court justices are there “to interpret the law ... not legislate.” “A judge’s job is to follow the law,” she said. However, “when following law in making a decision you can never be unmindful of the consequences to the people of West Virginia.”

Definition of judicial integrity

• Ketchum: “You have to disassociate with the lawyers and the social scene and not go around making speeches.”
• Walker: “It’s honesty. That’s always important in all things.”
• Workman: “You’ve got to keep your word and be fair and honest in all your dealings.”

On setting precedents

• Ketchum: “I can’t think of a case where the court should set precedent in regard to policy.”
• Walker: Walker said it depends on the specific court case. Citing an example of a policy-setting case, Walker said, “I would be hesitant, if not outright reluctant, to set that type of precedent.”
• Workman: “The court sets precedents on many occasions when a case comes before the court with no state law covering it. In that case, it’s up to the court to try to interpret” the case. “When it comes to establishing policy, that’s not the court’s job,” Workman said.

Workers' compensation cases

How could you reduce the number of workers’ compensation cases that come before the court?

• Ketchum: “We need an intermediary court of appeals with three judges and two law clerks,” Ketchum said, noting this system would cost about $853,000 a year. Ketchum said the Supreme Court can not handle the comp caseload.
• Walker: “It’s an exorbitant waste of time,” Walker said, noting that 60 percent of the Supreme Court caseload involves workers’ compensation claims. “That’s not disparaging” to those filing workers’ compensation claims, she said. “They have a right to pursue their claims.” However, she believes these claims should not be handled by the Supreme Court.
• Workman: “I believe the Legislature ought to consider establishing a separate court to handle workers’ compensation cases.” She also noted the Supreme Court may be the most “ill-equipped” to handle comp cases, as those hearing such cases should have a knowledge of medicine.

"Ambulance chasing"

The candidates were asked to offer an opinion on how they might stop the practice of ambulance-chasing by the state's attorneys.

• Ketchum: “Kentucky stopped it by limiting lawyer fees in comp cases.”
• Walker: The courts need to have “a little more courage” in stopping lawyers who are filing frivolous lawsuits. “It’s a rule in West Virginia, but not a terribly popular rule,” she said.
• Workman: “The court needs to do more to regulate advertisements.”

Priorities for judicial reform

Each candidate was asked to identify their top two priorities for judicial reform.

• Ketchum: Ketchum agreed with Maynard that the biggest problem facing our courts is out-of-state lawsuits. He also said the state needs judicial redistricting — the redistricting of counties into different or combined circuits — for judicial economy.

Ketchum also emphasized the need for more family court judges, and the importance of raising their pay to the level of circuit court judges.

• Walker: Walker also cited the strain on the family court system as a big problem. She said the state is lucky is currently have such a good group of family court judges, considering the strain of the system. Additionally, Walker said the filing of out-of-state lawsuits in West Virginia has become “a cottage industry,” and said the venue issue should be addressed. Walker also said record keeping on the county level should be moved into the electronic age. “We need to pull our court system into the 21st century.”
• Workman: The family court system is the most critical issue in West Virginia, Workman said, saying these judges are overworked and over-stressed. She said it also should not take months for families to get hearing dates on family court issues. Workman also cited judicial reform — specifically the process in which judges have to raise money to run for election — as a big problem. She said the state should consider non-partisan election of judges.

Is it a ‘smear’ campaign?

The West Virginia Supreme Court race has been in the spotlight in West Virginia — and across the nation — after reports and photos showing a European rendezvous between Maynard and Massey Energy chief Don Blankenship in July of 2006. The Richmond, Va.-based coal company had several cases pending or en route to the West Virginia Supreme Court at the time of the European vacation, according to the Associated Press.

• Ketchum: “He’s been beat on enough.”
• Walker: “I think it’s more politics in the court race, and is casting West Virginia in a negative light.”
• Workman: “I won’t characterize it. I don’t think it’s productive to this campaign.”

See Also

• West Virginia
• Supreme Court of Appeals of West Virginia
• 2008 State Supreme Court Elections

External Links

• Groups challenge election ad laws
• Anti-Abortion Group Awaits Election Ad Ruling
• Supreme Court candidates state their cases
• W.Va. high court candidates say public's faith shaken
• West Virginia Supreme Court Candidates Lament Process
• West Virginia Record: Ketchum formally starts Supreme Court bid
• The State Journal: As Election Nears, Candidates Continue to Raise Money
• The State Journal: Perception of Tort Hell?
• WBOY News: Candidates Discuss Judicial Responsibilities
• Wikipedia: Menis Ketchum
• The Herald-Dispatch
• Report analyzes economic effect of W.Va. SC
• Supreme Court: Ketchum, Workman
• Kessler: New Rules Likely
• Ketchum pledges one term, to bring experience to court
• Some early W.Va. voters angry over switched votes
• Walker wants to take politics out of court, lead by example
• Find the right candidate for you this election

References