Archive for December, 2009
Court again delays DuPont appeal ruling
The Charleston Gazette
By Ken Ward
December 28, 2009
CHARLESTON, W.Va. — The state Supreme Court has again delayed a ruling in DuPont Co.’s appeal of a $400 million verdict against the company for polluting the Harrison County town of Spelter.
Justices heard oral arguments in the case in early April, but did not issue an opinion before the [...]
Judges Gone Wild
The Wall Street Journal
December 26, 2009
The fallout is already coming from this year’s Supreme Court Caperton decision on judicial bias, and it isn’t good. A new rule on judicial recusal in Michigan shows how the decision could expose nearly every judge to charges of prejudice.
In Caperton v. Massey, the Supremes set out a new standard [...]
Judicial reform to be hot topic in January
The Exponent Telegram
By Paul Fallon
December 15, 2009
CLARKSBURG — The regular session of the West Virginia Legislature will begin Jan. 13, and local lawmakers are gearing up for a full 60 days in Charleston.
Senate President Pro Tem Joe Minard, D-Harrison, said the budget is always a hot topic during the legislative session.
“The Legislature’s main function is [...]
W.Va. No. 2 on hellhole report
The Journal
By John McVey
December 16, 2009
MARTINSBURG – Tort reform advocates almost sounded apologetic during a teleconference Tuesday morning for naming West Virginia the No. 2 judicial hellhole in the organization’s annual report.
“The reason West Virginia is No. 2 is because Gov. Joe Manchin is taking some action,” said Victor Swartz, general counsel of the American [...]
Hellhole report sparks debate
The West Virginia Record
By John O’Brien
December 15, 2009
CHARLESTON — As usual, West Virginia’s place in the annual “Judicial Hellholes” report released Tuesday by the American Tort Reform Foundation was met with widely differing reactions.
The state’s trial lawyer group sharply criticized the report, which places the state No. 2, while a civil justice reform group commended [...]
West Virginia Ranked Again in Judicial Hellhole Report
Metronews
December 15, 2009
There’s an opportunity for West Virginia to get out of the judicial hellhole.
The American Tort Reform Foundation released its annual report today and it says the state can get off the list if proposed reforms put forward by the governor’s judicial reform group earlier this year are adopted by state lawmakers.
“The (report) lists [...]
Judicial elections an option
Parkersburg News & Sentinel
December 14, 2009
Your recent editorial (“Best Method,” Nov. 25) raises important questions about a move toward judicial appointments. The last few months have reminded us that even the process of so-called “merit selection” can involve a high-degree of politics. The recent recommendation of Democratic Party Chair Nick Casey to the federal bench [...]
Justices seek to abolish elected judges
Charleston Daily Mail
By The Associated Press
December 11, 2009
DENVER – An old debate about whether judges should be elected or appointed is heating up again.
Former Supreme Court Justice Sandra Day O’Connor and several state Supreme Court justices are planning a nationwide push during next year’s state legislative sessions to end the practice of electing judges. Nevada [...]
Delegate Webster Excited for New Role
The State Journal
By Michael Hupp
December 10, 2009
CHARLESTON — State Delegate Carrie Webster, D-Kanawha, officially resigned her post as the chairwoman of the House Judiciary Committee Dec. 3 to take Irene Berger’s seat on the Kanawha County Circuit Court.
Gov. Joe Manchin named Webster as Berger’s replacement Dec. 1. Berger left the bench in November after being [...]
W.Va. lawmaker Miley named new Judiciary chair
The Associated Press
December 8, 2009
CHARLESTON, W.Va. (AP) – House Judiciary Vice Chairman Tim Miley will now take over the committee in the West Virginia Legislature.
Miley succeeds outgoing Chairwoman Carrie Webster, who was appointed by Gov. Joe Manchin last week to be a circuit judge in Kanawha County. Webster stepped down on Friday.
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