West Virginia judicial news

From Judgepedia

News about or affecting the judiciary in West Virginia.

West Virginia Circuit Judge seeks election to the state Supreme Court

Martinsburg, West Virginia: John Yoder, of the 23rd Judicial Circuit, has filed for the open seat on the Supreme Court of Appeals of West Virginia. This is the third time he has attempted election to this court. He has served on the 23rd District Court since November of 2008.^[1]

"I believe it is extremely important to have a justice on the Supreme Court with prior legislative experience who respects the distinction between the legislative and judicial process and to provide balance on the court. As a former legislator who has served in all three branches of government, I recognize and respect the fact that it is the role of the legislature, and not the judiciary, to enact legislation and make social policy. As a justice, I will respect those boundaries while strictly interpreting and upholding the law. At the same time, if legislative actions violate the Constitution, I will not hesitate to uphold the Constitution."

Governor plans to introduce two judicial reform bills

Charleston, West Virginia: Governor Joe Manchin plans to introduce two new bills regarding judicial reform to the West Virginia Legislature this year. The first bill introduces a public financing project for the 2012 election of two Supreme Court judges. The other bill would create a judicial advisory committee which would advise the governor about selecting judges to fill court vacancies.^[1]

Irene Berger confirmed to federal bench

West Virginia: Irene Berger has been confirmed by the Senate to serve on the United States District Court for the Southern District of West Virginia. She was nominated by President Obama, and is the first black judge to serve either of the West Virginia federal courts. ^[1]

Berger was a judge for the Kanawha County Circuit Court in West Virginia prior to her elevation to the federal bench. "Judge Berger has long been an asset on the bench in Kanawha County and I’m proud to now wish her the best as a new federal district court judge," said West Virginia Representative Shelley Moore Capito. ^[2]

Berger was nominated to the Southern District of West Virginia by Senators Robert Byrd and Jay Rockefeller. Byrd called her "not only an outstanding jurist, she is also an exemplary person", ^[1] and Rockefeller has said she is "absolutely superb". ^[3]

District judge nominees approved by Senate Judiciary Committee

South Dakota and West Virginia: Two of President Obama's nominees for United States district courts have been approved by the Senate Judiciary Committee. Irene Berger was unanimously approved for a vacancy on the United States District Court for the Southern District of West Virginia. If she is approved by the full Senate, Berger would be the first black federal judge in West Virginia. ^[1] Also, Roberto Lange was approved by the Judiciary Committee for a seat on the District of South Dakota. ^[2]

Both of the candidates were nominated by Barack Obama in July of 2009. ^[3] A date for the full Senate to vote whether to confirm these nominations has not yet been set.

Irene Berger federal nomination

West Virginia: On the unanimous recommendation of Senators Robert Byrd and Jay Rockefeller, Irene Berger was nominated by President Barack Obama on July 8, 2009 to replace David Faber on the United States District Court for the Southern District of West Virginia, as Faber assumed senior status.

Berger awaits a confirmation hearing in the Senate Judiciary Committee and a confirmation vote in the United States Senate before she can serve on the bench. If confirmed, Berger would be the first African-American to serve on the federal bench to represent the State of West Virginia.

Berger has received an unanimous well-qualified rating from the American Bar Association. ^[1]

WVa Supreme Court agrees to hear e-mail FOIA case

The West Virginia Supreme Court unanimously agreed Thursday to consider The Associated Press' appeal of a ruling on whether the justices' e-mails are subject to the state's Freedom of Information Act. (3/26/09)

Even high court subject to FOIA in West Virginia

An Associated Press FOIA request was approved by Kanawha County Circuit Judge Duke Bloom; the request was for emails from outgoing Chief Justice Elliott Maynard. Initially denied, it requires the Supreme Court to release the electronic documents--something that has since been accomplished, though eight were withheld, since they did not pertain to court business. (9/15/2008)

Workman's primary showing impressive, analyst says

(5/15/2008)

W.Vs justices question need for additional court

Most of West Virginia's Supreme Court justices question the need for a midlevel appeals court, a proposal raised after they refused to hear two cases involving a combined $664 million in damages. "A big concern is that West Virginia taxpayers could be responsible for tremendous costs associated with a new level of judges, clerks, administrators and facilities," Justice Brent Benjamin said.

Justice Starcher steps aside in Massey case

West Virginia Supreme Court Justice Larry Starcher announced today that he is disqualifying himself from participating in the rehearing of the Harman Mining Corporation v. A. T. Massey Coal Company case. Oral arguments on the rehearing are set for March 12 at the Supreme Court. *Full text of Justice Starcher’s statement here

Interest Groups Spending Millions On Supreme Court Ads

Special interest groups are spending millions on ads targeting the upcoming Supreme Court election. While there has an electioneering communications law passed after the '04 election, groups are filing a lawsuit to avoid revealing donors names.

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