West Virginia Judicial Vacancy Advisory Commission
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| Methods of judicial selection |
| Partisan elections |
| Nonpartisan elections |
| Michigan method |
| Retention elections |
| Assisted appointment |
| Bar-controlled commission |
| Governor-controlled commission |
| Hybrid commission |
| Legislative elections |
| Gubernatorial appointment |
The West Virginia Judicial Vacancy Advisory Commission is a commission in West Virginia established by state statute that plays a role in the state's judicial selection process in the event of midterm vacancies.[1] The commission has eight members appointed by the governor—four attorneys and four members not licensed to practice law. The governor chooses attorney members from a list provided by the Board of Governors of the West Virginia State Bar. The commission also has three ex officio members and selects its own chair.
In West Virginia, the governor appoints state judges from a list of names submitted by the commission in the event of midterm vacancies in the state Supreme Court, Intermediate Court of Appeals, circuit courts, and family courts.[1] Outside of midterm vacancies, judges are selected to the state's courts in nonpartisan elections.
Members
Last updated: April 2025.
The commission has eight members appointed by the governor. Four members must be attorneys chosen from a list provided by the Board of Governors of the West Virginia State Bar. Four members may not be licensed to practice law.[1]
No more than four of those eight commission members may be from the same political party. All must be citizens of West Virginia. The law also states that no more than three members may be residents of the same congressional district. Following the 2020 census, West Virginia's number of seats in the U.S. House decreased from three to two. The law states the following in this case:[1]
| “ |
[I]f the number of congressional districts in the state is reduced to two, then no more than four appointed members of the commission may be residents of the same congressional district: Provided, however, That the members appointed to, and serving on, the commission prior to the date on which the number of congressional districts in the state is reduced to two are not disqualified from service for the remainder of the member’s term based on the residency requirements of this subdivision.[2] |
” |
Appointed members serve six-year terms, and the chosen chair serves three years in that role. In addition to these eight members, the governor or the governor's designee, the president of the West Virginia State Bar, and the dean of the West Virginia University College of Law serve as ex officio commission members.[1]
| Members of the West Virginia Judicial Vacancy Advisory Commission, April 2025[3] | ||
|---|---|---|
| Name | Term-end date | |
| Mark Carter | June 30, 2024 | |
| W Kent Carper | June 30, 2028 | |
| Susan Brewer | June 30, 2030 | |
| William Keaton | June 30, 2026 | |
| Don Wagenheim | June 30, 2028 | |
| Steve Robey | June 30, 2026 | |
| Brandi Keaton | June 30, 2030 | |
| T Bart Willis | June 30, 2024 | |
Process
The commission must submit two to five names to the governor within 90 days either of a vacancy occurring or of the judge's submission of a letter to the governor announcing their resignation.[1]
The law states that the commission must adopt written policies that standardize "all operating procedures and ethical practices of its members, including, but not limited to, procedures for training commission members, publishing notice of judicial vacancies, recruiting qualified individuals for consideration by the commission, receiving applications from qualified individuals, notifying the public of judicial vacancies, notifying state or local groups and organizations of judicial vacancies, and soliciting public comment on judicial vacancies."[1]
The commission must make applications, letters of recommendation for applicants, and its list of most qualified applicants available to the public. The commission must hold at least one meeting open to the public to discuss its procedures and requirements when a vacancy occurs.[1]
About judicial selection
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[4] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 West Virginia Code, "§3-10-3a. Judicial Vacancy Advisory Commission," accessed November 19, 2021
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ West Virginia Secretary of State, "Judicial Vacancy Advisory Commission," accessed April 25, 2023
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts • West Virginia Municipal Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
