Gavel Grab

Pointing out that public confidence in  West Virginia’s judiciary has diminished in recent years, a column in the West Virginia State Journal praised the state’s Independent Commission on Judicial Reform’s cautious recommendations as “a good starting point” in restoring trust in the courts. The panel was appointed by Governor Joe Manchin (left).

Column author Matt Crist said the commission’s main goal has been to bring West Virginia’s system “more in line with other states” by enhancing transparency and public participation. Crist said reforms are needed because the court system’s damaged reputation makes businesses reluctant to move to West Virginia. He said the most notable recommendation from the commission was the establishment of an intermediate appellate court with vacancies filled by appointments , Crist said.

The column also suggested that while “politicking” in judicial elections remains a concern for many citizens, the commission determined it best to hold  off on deciding whether to replace partisan elections with either nonpartisan elections or merit selection. Instead the commission recommended public financing on a trial basis as well as experimental use of nonpartisan commissions to fill some vacancies.

On these proposed gradual changes to address problems of bias and escalating campaign spending, Crist wrote:

“These are not simple issues. We must respect the state constitution, and the commission seems to have been careful to do that. But the reason for reform is clear: We can become more appealing to investment that creates prosperity for our citizens if our court system is perceived to be committed to the rule of law. Creating opportunity in a state that continues to underachieve is the goal. Getting there will take time and patience.”

West Virginia was the stage for the landmark  case Caperton v. Massey in which a coal  company CEO spent 3 million dollars to help elect a West Virginia supreme court justice, who later overturned a 50 million dollar lawsuit in the company’s favor. Upon appeal the U.S. Supreme Court ruled that justices could be required to step down in cases where litigants have made considerable contributions. For more about this case see other Gavel Grab posts, or the Justice at Stake Caperton resource guide here. For other West Virginia Gavel Grab posts click here.