The State Journal, November 11, 2004
West Virginia voters have just witnessed the most contentious and expensive election in state history. We can do better.
To its credit, the West Virginia State Bar has begun a process to find a way to eliminate the venom from judicial campaigns. The Bar has determined that partisanship in judicial elections erodes confidence in the judiciary. We agree that negative political campaigning certainly has a way of staining everyone involved in the process.
Those knowledgeable about the law recognize that West Virginians are more apt to prefer the election of judges over the appointment of judges. They also note that changing the election process to nonpartisan elections would require action by the Legislature, not a change in the state Constitution.
Our judiciary should not respect one political party more than another. It should not adopt any specific political or social philosophy. Rather, it should understand the law as provided by the legislative and executive branches and interpret it in a fair and balanced way.
We support the efforts of the West Virginia State Bar and believe it has the ability to effect change in the way we seat our judiciary and, in the process, improve our citizens' belief in its balance and fairness.