Entire state Supreme Court recuses itself from case

April 30, 2011

West Virginia: Every justice on the West Virginia Supreme Court has recused him or herself from hearing a case involving a claim that a judge awarded an excessive fee to Justice Margaret Workman prior to her election. The claim reports that Judge Paul Zakaib, Jr., of the Kanawha Circuit Court, divided an $80,000 fee by awarding $76,500 to Workman and $3,500 to Cynthia Ranson and Michael Ranson of Charleston. The Ransons, who represented Eugenia Schmalhorst in the drowning case Zakaib presided over, say that a Supreme Court order requiring him to divide fees without creating unfairness to Schmalhorst was not followed by Zakaib. Edward ReBrook, Workman's lawyer, responded by saying that the Ransons filled their petition with mischaracterizations and lies. The claim was heard by circuit judges Gary Johnson, Robert Stone, Jack Alsop, and Thomas Evans, and also, by former Justice Arthur M. Recht.