The Independent Commission on Judicial Reform met in Morgantown Monday.
This was the second of three public hearings on possible changes to the state’s courts.
Panelists and speakers debated on possible changes, including ending partisan elections for judges and switching to a merit-based appointing system.
For more than five hours Monday, Sandra Day O’ Connor listened intently as more than 15 speakers addressed the state’s Independent Commission on Judicial Reform at the WVU law school.
And on more than one occasion, she challenged them.
In her opening remarks, O’Connor discussed how her home state of Arizona reformed its judicial system. Arizona now has a commission that recommends judges to the governor for appointment.
It then holds a retention election for the judge after they have served part of their term.
“It’s just been an excellent system,” she said, “I think we have as good a bench in the state today, as anywhere in the nation.”
West Virginia’s Supreme Court Judges are decided through partisan elections.
Numerous speakers reported flaws in the system, including a decrease in racial and ethnic diversity among judges, limited public access to the judge’s track record, and potential conflicts of interest when campaign contributors come before the court.
Missouri Supreme Court Justice and speaker Laura Stith, talked about the Missouri Plan.
The plan combines merit appointments by the governor with retention elections for its Supreme Court, Court of Appeals, and the largest urban trial circuits.
Members of the commissions that recommend the judges are picked by the governor, the Supreme Court Chief Justice, and some trial lawyers.
“The only promises judges should make are first to decide cases fairly and impartially, and second, regardless of their own personal views, or the views of the voters, to follow the law,” Stith said.
But others cautioned such a radical change to electing judges.
Allan Karlin is a Morgantown attorney and past president of the West Virginia Association for Justice.
“We’re not ready to give up on elections,” he said. “We still think, before we go away from elections, that there are some things we need to try.”
Currently, West Virginia does not have another appellate court other than the Supreme Court of Appeals.
Norman Greene, a New York City attorney, advised the state consider this as one of its reform measures.
“This situation where you have one level of appeal, your first decision might be your final decision,” he said, “you are really stuck.”
Greene also suggested allowing cameras in the courtroom, conducting more judicial training, and scheduling mid-term evaluations of judges.
Gov. Manchin created the Independent Commission on Judicial Reform after the U.S. Supreme Court faulted Justice Brent Benjamin for hearing a case that involved Massey Energy.
Massey’s CEO, Don Blankenship, spent millions of dollars in support of Benjamin’s election bid.
Also, former West Virginia Supreme Court Justice Spike Maynard was criticized and lost his re-election to the bench after photos of him vacationing with Blankenship in the French Riviera surfaced at the same time a Massey appeal was pending before the court.
The Morgantown meeting is the second of three scheduled hearings for the Independent Commission on Judicial Reform.
Next week the commission will meet in Charleston to discuss a possible state appellate court. A final report is due Nov. 15.