West Virginia Judiciary Nixes Switching to Nonpartisan Elections

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A group representing West Virginia’s judiciary has decided not to endorse a proposal to end the election of state judges along partisan lines.

The West Virginia Judiciary Association adopted a resolution this week that supports the state’s current method of selecting its judicial branch. But the resolution also declared the group is “always committed to participating in discussions to improve the judiciary.”

“We remain willing to do that,” said Putnam County Circuit Judge O.C. Spaulding, the association’s incoming president. “But at this point, our position is, ‘we support the present method of selecting judges and justices.”‘

Earlier, the association’s executive committee had unanimously endorsed nonpartisan elections for circuit judges, after Gov. Joe Manchin approached them on the issue. That committee also had agreed to present that resolution to the full association at its annual winter conference in Morgantown this week.

Explaining this week’s outcome, Spaulding cited ongoing reviews of selection methods by a House-Senate legislative interim committee and by a panel overseen by former West Virginia University law school dean John Fisher.

“We will participate in those,” Spaulding said.

The resolution also follows a plea to the state’s 55 county Democratic Party chairmen to oppose any move away from partisan elections. Senate Majority Leader Truman Chafin wrote them Nov. 13 as president of their association, and called such a proposal “a backdoor approach to let Republican candidates hide behind the label of ‘non partisan.”‘

Chafin, D-Mingo, said he has since heard from at least half the county chairs, with all agreeing with his stance.

“I salute them,” Chafin said of the judicial association. “I just don’t think that should be taken from the people.”

Democrats outnumber Republicans among voters by nearly 2-to-1 in West Virginia and have largely dominated judicial races.

The late U.S. District Judge Charles Haden was the first Republican elected to the state Supreme Court since the 1920s, a year after his 1972 appointment to that five-member bench. Justice Brent Benjamin became the first non-incumbent Republican to win a high court seat since that era, in 2004.

With Manchin slated to present his 2009 legislative agenda when the session begins in February, the newly re-elected Democrat “has no definitive plan or stance at this time” regarding judicial selection, spokeswoman Lara Ramsburg said.

“He does believe our judicial climate and system should be looked at but will await the findings of the groups that are currently reviewing this issue before determining what if any action to take,” Ramsburg said.

West Virginia holds party primaries for all its judicial officers — magistrates, family and circuit court judges and justices — before general elections. Two Supreme Court seats were on this year’s ballot along with all 66 circuit court and 45 family court seats.

The American Judicature Society lists a dozen states as electing their trial court judges along party lines. At least 21 states hold some sort of nonpartisan vote at the trial court level.

The balance of states appoint their judiciary. The American Judicature Society advocates a version of appointment by which a commission nominates candidates and voters elect whether to retain those appointed.

West Virginia would have to amend its constitution to adopt appointment, but legislation alone would permit nonpartisan balloting.

The State Bar studied the selection question in 2005, but its the Board of Governors ultimately voted in favor of partisan elections for both circuit judges and the Supreme Court.