Margaret Workman

From Judgepedia

Supreme Court of Appeals
Sitting justices
Joseph Albright Brent Benjamin Robin Jean Davis Menis Ketchum Margaret Workman
Elections
Former justices
West Virginia on Judgepedia

Margaret Workman, a Democrat is a justice on the West Virginia Supreme Court. Workman won election in 2008 and returning to the State's highest court after a eight year hiatus On May 13, 2008/ Workman, along with Menis Ketchum and Republican Candidate Elizabeth "Beth" Walker beat Bob Bastress and sitting Justice Maynard for a spot on the November 4, 2008 ballot. Workman won along with Ketchum in a close election.

2008 election results

On November 4, Democrats Menis Ketchum and Margaret Workman won seats on the Supreme Court. With all 1,887 precincts reporting, Ketchum received 353,293 votes and Workman garnered 333,254 votes. Republican Beth Walker received 327,084 votes. Each candidate will serve a 12-year term.^[1]

Legal education

Workman graduated from West Virginia University in 1969. She went on to earn her law degree at the West Virginia University College of Law in 1974.^[2]

Legal experience

After law school, Workman served as assistant counsel to the majority of the United States Senate Public Works Committee. She returned to West Virginia to work as a law clerk to the Thirteenth Judicial Circuit. In 1976, while working for U.S. Senator Jennings Randolph, she served as an advance person in the Carter Presidential Campaign, and later worked on the campaign staff of Senator Jay Rockefeller. She then opened her own law office in Charleston. In 1981, then-Governor Rockefeller, appointed Margaret to the Kanawha County Circuit Court in 1981. She ran for the unexpired term in 1982 and the full term in 1984. As a Circuit Judge, Workman inherited West Virginia’s largest backlog of cases and during her tenure on the court, reduced it to the lowest level in the judicial circuit. She held more jury trials during her time as a Circuit Court Judge than any other Circuit Court judge in the state during the same period.^[3]

In 1988, Workman became the first woman in West Virginia history to be elected to the state's highest court; at the time of her election, she also became the first West Virginian woman to win any state-wide office. Workman left the court in 2000, after only one term. She is currently practicing law in Charleston.^[4]

Awards and associations

For her work on behalf of children, Workman received the Florence Crittendon Award. For her work on behalf of child crime victims, Workman received the West Virginia Prosecuting Attorneys Association Excellence in Criminal Justice Award. For her contributions to the legal profession, Workman received the West Virginia University College of Law Justitia Officium Award. Judge Workman received honorary degrees from the University of Charleston and West Virginia State College. Workman has spearheaded the development of the statewide Court Appointed Advocates for Children in West Virginia^[5]

On trial lawyers and defense associations

Workman has stated she is proud for having never received an award by either trial lawyer or defense associations. ‘‘If you do, it probably means you’re not doing something right."^[6]

2008 campaign

Judicial philosophy

Workman believes that "The people of West Virginia have a right to expect certain basic qualities from our state’s highest court, and my slogan is intended to communicate those expectations: Fairness, Integrity, & Energy. Fairness and equal treatment for each person, from the powerless to the powerful. Integrity of the highest caliber, & Justices who act in a manner that not only demonstrates judicial temperament, but also which inspires faith in the court system. Energy in the form of hard work, Justices willing to roll up their sleeves and work on a multitude of cases so people can have their day in court.^[7]

Leading heavily in the polls

An early September poll of 432 registered voters conducted by Mark Blankenship Enterprises showed that West Virginians were likely to return former Justice Workman to the same bench she vacated in 2000. Forty-two percent of respondents surveyed said they would choose Workman in the general election.^[8] Another poll conducted by Orion Strategies showed the same voter proclivity.^[9]

Workman and Walker on judicial elections

During a forum sponsored by the state's independent insurance agents, two of the candidates for the West Virginia Supreme Court had the opportunity to say where they stood on the issue of non-partisan election of judges. On Feb. 18, four of five Supreme Court candidates--Chief Justice Spike Maynard, former Justice Margaret Workman, WVU Law Professor Robert M. Bastress Jr. and Beth Walker --attended a debate sponsored by the Independent Insurance Agents for West Virginia during its annual meeting at the Charleston Marriott. The fifth candidate, Huntington attorney Menis Ketchum, was unable to attend due to illness. During the debate, which was moderated by MetroNews Talkline's Hobby Kercheval, the candidates were asked their position on the non-partisan election of judges. Both Workman and Walker gave qualified endorsements to the idea.

Elected to the bench three times, twice to Kanawha Circuit Court and once to the Supreme Court, Workman said, "I've struggled for this issue for years," and prefaced her remarks by saying "there is no perfect system for selecting judges." Nevertheless, for the simple fact of shorting the time frame for elections, and taking out some of the money involved with it, Workman says become a supporter of non-partisan judicial elections "Over the course of time, I've come around to believing that a non-partisan election may be a better system," Workman said. Kercheval specifically asked Walker if she believed appointing judges would be better than even a non-partisan election. Though she hedged on the idea of judicial appointments saying it would require a constitutional amendment, Walker said non-partisan elections are not a bad idea. "It does merit consideration of the fact that our Constitution permits the Legislature to have non-partisan election," Walker said.^[10]

Responses to voter guide

Pro choice

While Workman has publicly stated she is in favor of a woman's right to choose,^[11]her responses to a survey* produced by the people behind Project Vote Smart show that she is in favor of abortion only "when the life of the woman is endangered" or in cases of "[o]ther or expanded principles."^[12]

Civil unions

The same Project Vote Smart survey* shows Workman is not in favor of civil unions.^[13]

(*) Not only was Workman the only Supreme Court candidate to respond to the survey, but she noted that "she wants to reduce or eliminate the tax on food, increase teacher salaries and increase the state minimum wage,"^[14] something a bit curious, since she is gunning for spot within the judicial and not legislative branch.

Campaign contributions

Although the election is pending, Margaret Workman has raised $646,295 so far for her race. The candidate herself has contributed $600,000, or 92.84% of the total.^[15]

For a complete list of contributions for all her races, both judicial and legislative, please visit Follow the Money: Margaret Workman.

Like the other two general election candidates, Elizabeth "Beth" Walker and Menis Ketchum, Justice Workman has relied heavily on the contributions of lawyers and businessmen. The following unions and PACs have also contributed to her campaign:^[16]

• WV AFL-CIO COPE (donated to Ketchum as well)
• WV Laborers District Counsel
• BAC District Counsel of WV
• WV Regional Council Carpenters
• United Steelworkers of America
• WVTA (West Virginia State Police PAC)
• Friend of the Track PAC
• Asbestos Workers PAC
• Penn National Gaming PAC
• Building and Construction Trades PAC

On her first filing (April 4, 2008), Justice Workman reported $612,318.93 in unpaid bills, most of that loans* taken out for the purposes of funding two committees: The Workman Committee and Workman for Supreme Court. On April 5, 2008, Justice Workman filed an amended finance report; the new report shows the committee debt, as well as her unpaid Secretary of State filing fee ($1,210) paid in full. Her new outstanding bills totaled $6,736.95.

By the end of April, her expense sheets show she had begun investing heavily in television and radio ads.

• Loan agreements (including terms of interest rates), can be found with the rest of Justice Workman's campaign finance reports.

Campaign commercials

To view Workman's campaign commercials, click here.

Past Supreme Court participation

Court upholds driving ban for dropouts

In 1990, Workman was part of a 3-2 decision that upheld the nation's first state law allowing young school dropouts to be denied their driver's licenses. The majority opinion, by Chief Justice Richard Neely, said school officials have to provide a hearing before the student quits so he can be notified of the consequences. The two-year-old law, which makes most 16- and 17-year-old dropouts ineligible for licenses, had been appealed by Michael Means, who lost his license when he quit the ninth grade in 1988. The court said Mr. Means's case was moot since he was now 18 and could get a license, but it ruled on the matter anyway. Mr. Means argued that he could not get a job without a license and was entitled to an exception under a hardship clause in the law. But school officials said he could work and still complete his education. Chief Justice Neely noted that the license revocation could be waived when a student left school with the authorities' consent. But he added, "A child who has an opportunity to go to school, and deliberately chooses not to avail himself or herself of such opportunity, demonstrates a general lack of responsibility."

The opinion was also joined by Justices William Brotherton. Justices Thomas B. Miller and Thomas E. McHugh dissented.

External links

• Balance in Power
• Workman's Election Website
• Maynard endorses system to review recusals
• Follow the Money: Margaret Workman
• Challenger to W.Va. campaign laws not getting good news

References