Instilling Public Trust
Many of West Virginia’s
judges are honest, hard-working and fair, but the conduct
of others raises questions.
To instill public trust, our judges
and justices should be using sound legal judgment and tradition
to interpret laws according to our constitution. There is
no place for politics in the courtroom.
Is West Virginia’s judicial
selection system producing the best legal minds? Does raising
money to run in partisan elections put party politics to the
fore rather than legal judgment? Very few states select their
high courts using this method.
- Until recently, judicial candidates
were not allowed to talk about issues while campaigning.
Even so, Justice Larry Starcher was admonished for violating
ethics rules for judges and judicial candidates. During
the 1996 campaign for Supreme Court, Justice Starcher specifically
asked a labor group for their endorsement. In his letter,
Starcher urged the labor group to perform "a courageous
act and endorse my candidacy." He wrote, "You
will not be standing alone. You will be doing what is right
for labor," and describing himself as "a good
public servant for working men and women." Admonishment,
is simply a caution to refrain from engaging in similar
conduct and is the least severe sanction a candidate can
receive.
- While Justice Joseph Albright
was campaigning, Justice Warren McGraw’s brother Attorney
General Darrell McGraw spoke to an audience telling them
what his brother would tell them if he could address issues.
Also, Attorney General McGraw used public dollars to distribute
“Darrell ‘Judge’ McGraw” refrigerator
magnets during Warren McGraw’s campaign for the Court.
- A U.S. Supreme Court
decision on June 27, 2002 will have a major impact on how
judges in West Virginia run for office. The court struck
down Minnesota's "announce clause" which was a
canon of judicial conduct that prohibited candidates from
announcing their views. Since West Virginia had this same
type of prohibition, the Supreme Court election in 2004
for the seat currently held by Justice Warren McGraw will
likely put this new U.S. Supreme Court decision to the test.
Read More:
::
West Virginia needs a Judicial Emergency
Kit
::
Judicial Selection vs Election
:: Back
to Eye on WV Justice
|
