Manchin Is Correct to Focus on State Courts
by admin on 04/12/08 at 1:24 pm
The State Journal
Many West Virginians recognize that our state’s judiciary appears to be out of sync with courts in other states, most of which employ other means of judicial selection. Such a reputation hurts West Virginians who long for economic growth that can sustain families and strengthen communities.
Manchin is taking a practical approach to address a longstanding problem. Quite simply, many businesses avoid investing in West Virginia and employing our citizens because they fear our courts’ reputation for confiscating their money and giving it to plaintiffs with slick lawyers.
In the name of economic opportunity for the many, we must move deliberately to make sure our courts function fairly and that businesses can be confident they bear no more risk here than they would in any other jurisdiction in the United States. A level playing field is the goal.
That playing field can be more level if voters are able to focus more on the character, qualifications and experience of judicial candidates than on party affiliation, which should not be the principal criterion that voters use to choose judges.
Not surprisingly, resistance to the nonpartisan election of judges quickly surfaced in the Legislature. Senate Majority Leader Truman Chafin, D-Mingo, opposes such a change, calling the proposal a ploy so Republican candidates can “hide behind the label of ‘nonpartisan’ because they’re ashamed to let the voters know that they stand for all the GOP principles that Bush and Cheney and their ilk have pushed for decades.”
Well, that’s an argument — of sorts — from a successful trial lawyer.
Manchin’s interest in the courts’ operation and reputation really comes as no surprise. The governor sought to bring more balance and accountability to our courts last summer, when he filed a friend-of-the-court brief that asked for clarification of the appellate review of punitive damage awards. He obviously understands how much businesses value fairness and predictability in the judicial process.
We hope Manchin can find the support he needs to bring our selection of judges more in line with practices in other states. Such a change can underscore this state’s commitment to bringing greater balance to public policies and protecting the rights of all.
