Judicial Reform Takes a First Step
by admin on 09/04/09 at 1:53 pm
The State Journal
Through an executive order, the governor said he will name nine citizens to examine ways to modernize the state’s judiciary and improve public confidence in it. The Independent Commission on Judicial Reform will examine merit-based judicial selection, judicial campaign finance reforms, possible constitutional amendments and the creation of an intermediate appellate court or a chancery court. The panel is to submit recommendations to the governor by Nov. 15.
Some in West Virginia have been reluctant to change the way our judiciary operates, but many inside and outside our state lack confidence in our courts. At least three huge judgments the past couple of years — complete with massive punitive awards — have contributed to the erosion in public confidence.
Executives who are responsible for taking care of their companies’ assets are reluctant to risk them by investing in a state where they sense the cards are stacked against them. They make valid points:
Money influences judicial elections in West Virginia, and judges too often find themselves hearing cases that involve some of their political benefactors. Such an arrangement can undermine public confidence in judges and their decisions.
Defendants who are ordered to pay large judgments, including punitive damages, do not necessarily have a right to an appeal. Most states provide an automatic review in cases involving punitive damages. Not West Virginia.
Negative perceptions also include lawyers searching for the most favorable circuit courts to file suits — a practice called venue shopping. Another involves a plaintiff’s ability to recover damages from collateral sources — that means a plaintiff can receive compensation from more than one party for the same losses. These are not imaginary perceptions. They exist inside and outside of the state. Businesses must be able to predict their costs, but too many have found a lack of predictability in our court system. These are the same businesses we would welcome to employ our families, friends and neighbors.
West Virginia’s leadership is in a position to change those perceptions and provide both citizens and companies fairness and objectivity in our courtrooms. Our leaders can improve the state’s reputation as a place to do business by providing employers a sense of predictability in our courts.
Manchin has taken the first step toward providing that assurance.
