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Examine W.Va. Court System

by admin on 05/03/09 at 1:50 pm

Wheeling News-Register
Mar 05, 2009

Several questions about West Virginia’s court system have been in the news during the past year. Among them:Should state Supreme Court justices be permitted to sit in judgment on cases involving people or companies who have helped them get elected? Should the state have a better system of appealing decisions by circuit court judges? Should judges and justices be selected through nonpartisan elections? We agree with Gov. Joe Manchin that it’s time for those issues and others to be considered – and not just in the often-politicized debate that already is occurring.

Manchin announced this week that he will sign an executive order to create a commission intended to examine the state’s court system. If members of the commission find that change is needed, they can recommend it. “The commission will be directed to look at all options, including creating an intermediate (appellate) court, improving the judicial budget process, achieving more transparency in our judicial election campaigns, as well as the best method for selecting judges,” the governor explained.

Our state is one of just seven that use partisan elections to pick judges, Manchin told reporters. And it is one of just 10 that, according to the governor, lack intermediate appellate courts or a guaranteed process of appeal to the state Supreme Court.

Those factors alone ought to be enough to convince state residents that it may be time to update West Virginia’s court system. At the same time, it should be kept in mind that it isn’t always a good thing to handle government in the same manner as others do. Need we remind you that West Virginia is one of only three states not facing severe challenges involving budgets?

Still, Manchin is right: It is time to take a close, unbiased look at how the state’s court system is set up and how it functions. If, after his commission does its work, the need for changes is clear, they should be adopted.