West Virginia Supreme Court of Appeals elections, 2016
| 2016 State Judicial Elections |
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| Part 1: Overview |
| Part 2: Supreme Courts |
| Part 3: Partisanship |
| Part 4: Changes in 2016 |
One seat on the Supreme Court of Appeals of West Virginia was on the general election ballot on May 10, 2016. This seat was held by Justice Brent Benjamin heading into the election. Justice Benjamin and three other candidates were defeated by attorney Beth Walker.
Each justice elected to the court serves a 12-year term. The balance of the court prior to the 2016 election was 3-2 in favor of Democratic justices; it was impossible for that balance to shift in 2016. The seats of two justices previously elected as Democrats will come up for election in 2020, providing a chance to shift the balance at that time.
Candidates
- Though West Virginia's state judicial elections are nonpartisan beginning in 2016, Ballotpedia shows candidates' known affiliations from prior elections or offices held to indicate how the ideological balance of the court could shift as a result of the election.
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Beth Walker (Winner) | |
| Most recent position: Attorney, West Virginia University Health System Past experience: Attorney in private practice | ||
 Beth Walker has said she admires the work of the late United States Justice Antonin Scalia.[1] "If a justice substitutes their personal views in place of the law, that is legislating from the bench....Don't read behind the words—read the plain meaning of the words."[1] She has also said, "I think I can make a difference in the future of West Virginia as a justice on the Supreme Court, adding, I think to the fairness, impartiality and just confidence in our judicial system.”[2]
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Justice Brent Benjamin | |
| Most recent position: Justice, West Virginia Supreme Court of Appeals Past experience: Attorney in private practice | ||
| Justice Benjamin has said, "We should be umpires. We should call balls and strikes and we should never call them before the pitch is even made. That’s another way of saying, 'Courts shouldn’t be pro-this or pro-that.'"[3]
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Wayne King | |
| Most recent position: Attorney in private practice | ||
 Wayne King has said he thinks justices should have a limited number of terms.[4] Asked why he wants to be on the court and how he would go about weighing the factors of cases, he said, "Because of the 43 or so years of practicing law in the state of West Virginia, representing a broad cross section of plaintiffs, defendants, prosecuting cases; I just have a unique experience that I believe I can bring some common sense and good judgment to the court."[2]
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Darrell McGraw | |
| Most recent position: Attorney General, West Virginia Past experience: Justice on the West Virginia Supreme Court of Appeals | ||
| Darrell McGraw has said, "The court needs more illumination ... The law is an entity that’s designed to advance the quality of civilization with good people working through proper processes to do so, in ways that do not damage, hurt or diminish your fellow citizens."[2]
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Bill Wooton | |
| Most recent position: Representative, West Virginia House of Delegates Past experience: Assistant Attorney General, West Virginia | ||
| Bill Wooton has said, "I think the duty of a Supreme Court judge is to see that the law is fairly applied." He also said, "As a Supreme Court justice, I would certainly be mindful that public policy is not my province, it’s the province of the Legislature, so I would be see my role, in simple terms, as calling balls and strikes."[5]
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Election results
Attorney Beth Walker defeated incumbent Justice Brent Benjamin and three other candidates.
| West Virginia Supreme Court of Appeals, Justice Benjamin's Seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
 Beth Walker |
39.62% | 162,245 |
| Darrell V. McGraw, Jr. | 23.08% | 94,538 |
| William Wooton | 20.67% | 84,641 |
| Brent Benjamin Incumbent | 12.47% | 51,064 |
| Wayne King | 4.16% | 17,054 |
| Total Votes (100% Reporting) | 409,542 | |
| Source: West Virginia Secretary of State Official Results | ||
Race background
West Virginia's state supreme court elections were partisan through 2015, when a new law passed by the GOP-controlled state legislature and signed by Gov. Earl Ray Tomblin (D) made elections of all the state's judges nonpartisan, to occur on the date of the state's primary election for partisan offices.[6]
The debate around nonpartisan judicial elections was driven in part by events of the 2004 election, when former Massey Energy CEO Don Blankenship spent $3.5 million on efforts to attack then-candidate Warren McGraw, brother to 2016 candidate Darrell McGraw.[7][2] These efforts helped elect McGraw's opponent, afterward Justice Brent Benjamin, to the Supreme Court of Appeals of West Virginia while Blankenship's company had a case pending before the court.[8] Ultimately, the United States Supreme Court ruled that Benjamin must recuse himself from the case in Caperton v. Massey.[6]
The election was decided on May 10, 2016, with no primary and no runoff. Because there were five candidates, the winner could have been elected with a plurality of 21 percent rather than a majority of the vote.[9]
Public campaign finance
In 2010, the West Virginia State Legislature created a pilot program to test a public financing option for Supreme Court of Appeals candidates.[2] This program was made permanent in 2013.[10]
The program instituted qualifications under which candidates can receive up to $525,000 in public funds for the election. The Charleston Gazette-Mail reports for comparison that Benjamin raised about $800,000 in his 2004 campaign and Walker raised about $500,000 in 2008.[2]
Two 2016 candidates, William Wooton and incumbent Brent Benjamin, applied for and received public financing under the law. Candidate Beth Walker challenged their receipt of the funds, claiming that they missed filing deadlines that should preclude financing.[11] The case was ultimately heard by the Supreme Court of Appeals with replacement justices, after all five sitting justices recused themselves.[12] The substitute justices decided in favor of Wooton and Benjamin and against Walker.[13] Benjamin accepted $483,500 from the state's Public Campaign Finance Fund.[14] Bill Wooton accepted $475,000.[14]
Campaign finance
At the time of her April 27 finance report, Beth Walker's reported total raised was $199,925.66, along with a $250,000 loan from her husband, with expenditures of $601,045.84.[15]
At the time of his April 29 finance report, Justice Benjamin's reported total raised was $534,050.00, with $481,324.07 in expenditures.[16]
At the time of his April 30 finance report, Darrell McGraw's reported total raised was $72,157.24, with $8,102.79 in expenditures.[17]
At the time of his April 28 finance report, Bill Wooton's reported total raised was $545,725.99, with $529,970.12 in expenditures.[15]
At the time of his April 29 finance report, Wayne King's reported total raised was $200.00, with $14,960.00 in expenditures.[18]
Satellite spending
Several groups have run ads either for or against Beth Walker or criticizing her opponents.
- The West Virginia Chamber of Commerce spent an estimated $316,994 running ads in support of Walker.[19]
- Just Courts for West Virginia spent an estimated $496,365.70 running ads against Walker.[19]
- The Republican State Leadership Committee has spent an estimated $2,642,267 on ads against candidates William Wooton and Darrell McGraw that promote Walker.[19][20]
- West Virginians for Fair Courts spent an estimated $104,307.37 on ads supporting Walker.[19]
- Moving West Virginia Forward spent $54,600 supporting Walker.[19]
About the court
The West Virginia Supreme Court of Appeals is the state's court of last resort, called in many states simply the state's Supreme Court. This means it is the state's highest court, and its rulings are not subject to review by any other court except in cases that fit the proper conditions for review by the United States Supreme Court. There are five justices on the court.
West Virginia is one of nine states with no intermediate appellate court or what is called in most states the state's Court of Appeals.[21] This means that parties wishing to appeal rulings of a lower court must appeal straight to the Supreme Court of Appeals. This court receives about three thousand appeals per year.[22]
Political composition
Beginning in 2016, West Virginia's supreme court justices are elected in nonpartisan elections. With partisan elections held through 2014, Democratic justices held a 3-2 majority on the court heading into the 2016 election. Two justices previously elected as Democrats will be up for election in 2020; the ideological leaning of the court might therefore shift in 2020.
Chief Justice Robin Jean Davis Next election: 2024
Justice Margaret Workman Next election: 2020
Justice Menis Ketchum Next election: 2020
Justice Allen Loughry Next election: 2024
Justice Brent Benjamin Next election: 2016
Selection
- See also: Judicial selection in West Virginia
Each of the five justices on the Supreme Court of Appeals of West Virginia serves terms of 12 years. In the case of a vacancy, the governor of the state appoints the justice. That appointed justice must then run in the next general election.[23]
Qualifications
Justices must have practiced law for at least 10 years to preside on the Supreme Court of Appeals of West Virginia.[23]
Political outlook
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of West Virginia was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, West Virginia received a score of -0.35. Based on the justices selected, West Virginia was the 13th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[24]
State profile
| Demographic data for West Virginia | ||
|---|---|---|
| West Virginia | U.S. | |
| Total population: | 1,841,053 | 316,515,021 |
| Land area (sq mi): | 24,038 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 93.6% | 73.6% |
| Black/African American: | 3.3% | 12.6% |
| Asian: | 0.7% | 5.1% |
| Native American: | 0.2% | 0.8% |
| Pacific Islander: | 0% | 0.2% |
| Two or more: | 2% | 3% |
| Hispanic/Latino: | 1.4% | 17.1% |
| Education | ||
| High school graduation rate: | 85% | 86.7% |
| College graduation rate: | 19.2% | 29.8% |
| Income | ||
| Median household income: | $41,751 | $53,889 |
| Persons below poverty level: | 22.2% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in West Virginia. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
West Virginia voted Republican in all seven presidential elections between 2000 and 2024.
More West Virginia coverage on Ballotpedia
- Elections in West Virginia
- United States congressional delegations from West Virginia
- Public policy in West Virginia
- Endorsers in West Virginia
- West Virginia fact checks
- More...
Recent news
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See also
External links
Footnotes
- ↑ 1.0 1.1 The Intelligencer/Wheeling News-Register, "Morgantown Attorney Beth Walker Seeks West Virginia Supreme Court Seat," April 15, 2016
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Charleston Gazette-Mail, "State Supreme Court candidates address appeals court, public financing," March 20, 2016
- ↑ MetroNews, "On the Campaign Trail: Justice Brent Benjamin, state Supreme Court candidate," April 19, 2016
- ↑ The Intelligencer/Wheeling News-Register, "Five Eye Supreme Court Spot," April 25, 2016
- ↑ MetroNews, "On the Campaign Trail: Bill Wooton, state Supreme Court candidate," April 18, 2016
- ↑ 6.0 6.1 William & Mary Law School, State of Elections, "West Virginia Moves to Nonpartisan Judicial Elections in 2016," November 2, 2015
- ↑ The Herald-Dispatch, "Editorial: Get involved in nonpartisan judicial elections," March 28, 2016
- ↑ Associated Press, The Big Story, "Friends turn foes for justice's re-election in West Virginia," April 28, 2016
- ↑ Metro News, "Chamber president still likes non-partisan judicial elections," April 21, 2016
- ↑ West Virginia Code, "Chapter 3, Article 12," accessed April 29, 2016
- ↑ MetroNews, "Quick decision: Benjamin, Wooten to get public financing money," March 23, 2016
- ↑ West Virginia Public Broadcasting, "State Supreme Court Rules Benjamin, Wooton Allowed Public Campaign Financing," March 23, 2016
- ↑ Charleston Gazette-Mail, "WV Supreme Court sides with Benjamin, Wooton on public campaign financing," March 23, 2016
- ↑ 14.0 14.1 West Virginia Public Broadcasting, "Two W.Va. Supreme Court Candidates Use Public Fundraising," April 5, 2016
- ↑ 15.0 15.1 West Virginia Secretary of State Campaign Finance Reporting System, "Beth Walker," accessed May 4, 2016 Cite error: Invalid
<ref>tag; name "ReportBW" defined multiple times with different content - ↑ West Virginia Secretary of State Campaign Finance Reporting System, "Brent Deane Benjamin" accessed May 4, 2016
- ↑ West Virginia Secretary of State Campaign Finance Reporting System, "Darrell V. McGraw, Jr.," accessed May 4, 2016
- ↑ West Virginia Secretary of State Campaign Finance Reporting System, "Wayne King," accessed May 4, 2016
- ↑ 19.0 19.1 19.2 19.3 19.4 West Virginia Record, "Third-party spending in SupCo race tops $3.5 million," May 6, 2016
- ↑ Brennan Center for Justice, "Buying Time 2016 - West Virginia," May 4, 2016
- ↑ West Virginia Judiciary, "Supreme Court of Appeals, About the Court," accessed May 3, 2016
- ↑ West Virginia Judiciary, "Lower Courts, Supreme Court of Appeals," accessed May 3, 2016
- ↑ 23.0 23.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedsup - ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
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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
