Editorial: McGraw

Non-endorsement' proves the need for nonpartisan election of judges

The Register-Herald, August 19, 2004

A few years back, a West Virginia circuit court judge talked about how rewarding the job could be, but also how lonely it sometimes was. He talked about distancing himself from fellow lawyers who had been among his best friends. He talked about how hard it was to stay quiet when he wanted to express a view.

"You're not allowed to express any political views ...," he said. "Sometimes you just have to walk away when people start talking about something that might come before you."

In order to ensure a fair, balanced, impartial judicial system, that's the way it has to be. In fact, the state Code of Judicial Conduct demands it. Among other things, it says judicial officers and candidates "shall not publicly endorse or publicly oppose another candidate for public office." Most interpret that to mean what it says. But it appears state Supreme Court Justice Warren McGraw has a different view.

During a tour of Mingo and Wayne counties Monday, in what was billed as an economic development swing, McGraw cited that very passage in the code, but then went on to give a non-endorsement endorsement to Democratic gubernatorial nominee Joe Manchin.

Better yet was the response of his campaign spokesman, Andy Gallagher. "He's going to support the Democratic ticket, and the Democratic ticket is going to support him" in his race against Republican Brent Benjamin in November, Gallagher said.

Therein lies the problem. West Virginia is one of only six states where judges and Supreme Court justices are elected on a partisan basis.

That has to change, and soon.

Last month, West Virginia State Bar president Charles M. Love III urged the bar's board of governors to study whether there is a better way to choose men and women for judicial offices.

Instead of embracing the idea - which was only a call for a study to see whether there is a better way - fellow Justice Joseph Albright rejected it and blasted the bar for its "failure ... to vigorously, clearly and firmly condemn the excesses in the recent primary campaign" which pitted McGraw against Greenbrier County Circuit Judge Jim Rowe.

Has Albright or McGraw or anyone else stopped to realize that partisan, political races are exactly what cause these "excesses"? Take partisan politics out of the judiciary, and see how quickly the special interest money dries up.

Of course, such a move is up to the Legislature, one member of which helped organize Monday's tour. Delegate Steve Kominar, D-Mingo, said he didn't think McGraw's remarks were out of line.