Benjamin Will Restore Fairness, Integrity To Supreme Court

By STEVE ROBERTS - guest column

The Herald-Dispatch, Oct. 28, 2004

The election of a new justice to the West Virginia Supreme Court of Appeals is a critical one for our future. We must elect an individual who will restore fairness, balance and integrity to the high court. That person is Brent Benjamin.

West Virginia ’s Supreme Court was founded, just as in every other state, to be an independent branch of government and to serve as part of our republic’s "check and balance" system. However, when one of these branches of government strays from performing its duties in a fair manner, then the integrity of that institution can come into question and undermine the public’s confidence and support. Once confidence and integrity have been weakened, then the ripple effects are enormous.

Confidence and integrity in our Supreme Court will only result when justices support and uphold the following "Fundamental Principles of Judicial Fairness and Balance":

• Justices should treat all parties fairly and not exhibit partiality or bias toward any party. Justice Warren McGraw continues to boast about his personal biases, including repeatedly making "anti-business" statements.

• Justices should be independent from any special interest or cause and not advance any personal agendas or causes while serving on the court. Justice McGraw repeatedly votes to side with plaintiff lawyers, who almost single-handedly provide hundreds of thousands of dollars to his campaigns.

• Justices should avoid the appearance of favoring one party over another and should remove themselves from proceedings when a family member is involved. Justice McGraw refused to recuse himself and heard a case that involved his brother.

• Justices should interpret the law and avoid creating law, which is the job of the Legislature. Justice McGraw wrote a landmark decision that created a major "anti-business" law that is the only one of its kind in the nation. He also voted to hear an appeal to overturn the Legislature’s landmark medical malpractice reform law.

• Justices should refrain from making public statements on proceedings or matters that affect or come before the Supreme Court. Justice McGraw went to Parkersburg and attacked a business that was being subject to a major lawsuit.

Clearly, Justice Warren McGraw’s activities and antics are not working to bolster a perception of fairness, balance and impartiality on the state’s highest court. His defeat will help to start to correct this situation and restore balance to the state Supreme Court. Then West Virginia -- and its judicial system -- will be viewed once again with the credibility and respect that is so important for the well being and livelihood of all West Virginians -- from employers to working people, from doctors to EMTs, from Democrats to Republicans and from the old to the young.

Let us hope that this election will move us toward restoring our state Supreme Court so that it is a body that upholds fundamental judicial principles of fairness, balance and impartiality.

Steve Roberts is president of the West Virginia Chamber of Commerce.