Litigation

W. Va. Governor: Give Public Financing a Try

By Peter Hardin

West Virginia Gov. Joe Manchin, responding to recommendations of an independent commission on judicial reform, pledged in his State of the State speech to introduce legislation for a public financing pilot project for two state Supreme Court seats that will be up for election in 2012.

“The goal is to relieve judges from the burden of political fundraising and to reduce the potential for appearance of bias as a result of campaign donations,” Manchin said. His proposal appears to go beyond the recommendations of the commission, which urged public financing for one of the seats in 2012.

Both public interest groups and business lobbies have criticized West Virginia’s courts, according to an Associated Press article, and the U.S. Supreme Court last year said state Chief Justice Brent Benjamin should recuse himself from hearing an appeal involving a coal company whose top executive had spent $3 million in 2004 to help Benjamin win election. (See Gavel Grab posts about the Caperton v. Massey case.)

The judicial reform commission recommended establishing a midlevel appeals court, but that does not appear imminent. Manchin  said the state Supreme Court is close to announcing  proposed rule changes “to ensure there will be full appellate review by the Court of all final decisions on the merits issued by the circuit courts in West Virginia.”

The proposed rule changes  do not reach as far the commission’s recommendation for a new appeals court, according to an article in the Charles Daily News. The commission also had recommended an “experiment with merit selection” in initially appointing, rather than electing, judges to the midlevel appeals court it favored.

Manchin promised to introduce legislation setting up an advisory committee to aid the governor in selecting Circuit Court judges. The commission recommended that lawmakers establish advisory committees to screen and submit candidates to the governor for filling interim vacancies. Manchin elaborated in his speech:

“Almost half of our current circuit judges are initially appointed prior to being elected. This bill will ensure that only the most highly qualified individuals are considered for appointment and will enhance the transparency in this process.”

In an editorial, the Charleston Gazette wrote that West Virginia “became an object of derision” over the facts in the Caperton case, and it applauded the governor’s call for a public financing pilot project for the 2012 state high court elections.

“Hurrah,” the editorial declared. “We hope legislators approve this cleanup of elections to the state’s highest court.” You may learn more about the commission’s recommendations in Gavel Grab, and about the problems of special-interest spending in judicial elections from Justice at Stake’s issues page.

Full post as published by The Gavel on January 15, 2010 (boomark / email).