West Virginia Supreme Court justice vacancy (November 2018)
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| Loughry Vacancy West Virginia Supreme Court |
| Vacancy date |
| Vacancy status |
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| December 12, 2018 |
| Table of contents |
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The appointee Appointee candidates Selection process Noteworthy events About Justice Loughry |
| See also |
| Recent news External links Footnotes |
Gov. Jim Justice (R) appointed Judge John A. Hutchison to succeed Justice Allen Loughry on the West Virginia Supreme Court. Loughry resigned on November 12, 2018.[1] Loughry's resignation followed his conviction on 11 federal counts, including wire fraud and witness tampering, and calls for his impeachment in the West Virginia State Senate. Click here for more information about the federal charges against Loughry and click here for information about the impeachment.
Hutchison was the governor's third nominee to the five-member supreme court. Under West Virginia law, if a supreme court justice resigns in the middle of his term, the governor appoints a replacement from a list of applicants submitted by a nominating commission.[2]
The appointee
On December 12, 2018, Gov. Jim Justice (R) appointed Judge John A. Hutchison as Loughry's successor. Justice said in a statement that Hutchison was "one of the most conservative, respected jurists in the state of West Virginia."[3]
Hutchison served on the state's Tenth Judicial Circuit from 1995 to 2018. Gov. Gaston Caperton (D) appointed Hutchison to the Tenth Circuit. Hutchison was elected to the court in 1996 and re-elected in 2000, 2008, and 2016. Hutchison received his undergraduate degree from Davis & Elkins College and his J.D. from the West Virginia University College of Law.
The selection process
The judges of the West Virginia Supreme Court of Appeals are chosen in nonpartisan elections to serve 12-year terms. They must run for re-election when their terms expire.
In the event of a midterm vacancy, the governor appoints a replacement from a list of two to five qualified applicants submitted by a nominating commission.[2] The commission's list of applicants is usually made public, but the governor's office did not release the commission's list before announcing John Hutchison as the appointee.[4]
The appointee serves until the next general election, at which point he or she may compete to fill the remainder of the unexpired term.
Appointee candidates and nominations
Seventeen individuals applied to fill the vacancy. Six of the applicants had previously filed to run in the November 6, 2018, special election to replace Justices Menis Ketchum and Robin Davis.[5]
The list of applicants is below. The information provided was current at the time of each individual's application.
- Robert Carlton, an attorney from Charleston. Carlton filed to run for a seat in the 2018 special election. He obtained a B.A. from the University of Pikeville, an M.B.A. from West Virginia University (WVU), and a J.D. from Oral Roberts University Law School.
- Gregory Chiartis, a partner at the law firm Freeman & Chiartas in Charleston. He obtained a B.A. from the University of Pittsburgh and a J.D. from the WVU College of Law. Chiartis withdrew his application on December 6, saying it would be unfair for him to continue his application considering "the significant knowledge, experience, and appropriate judicial temperament" of the candidates. Chiartis specifically endorsed Judge Tabit for the nomination.[6]
- Bradley Crouser, an attorney with Jackson Kelly in Charleston. He obtained a B.A. from WVU and a J.D. from the WVU College of Law.
- James Douglas, a judge for the Eleventh Family Court Circuit in West Virginia. Douglas was also a candidate in the 2018 special election. He earned a B.A. from the University of Charleston and an M.A. and J.D. from WVU.
- Lee Feinberg, an attorney at Spilman, Thomas & Battle in Charleston. He obtained a B.A. from the University of Virginia and a J.D. from the UVA School of Law.
- Robert Frank, an attorney for Robert J. Frank and Associates in Lewisburg. Frank ran for a seat in the 2018 special election. He obtained a B.A. from Cornell College and a J.D. from the University of Iowa College of Law.
- John A. Hutchison, a judge for the Tenth Judicial Circuit in West Virginia. Hutchison joined the court in 1995. He obtained a bachelor's degree from Davis & Elkins College and a J.D. from the WVU College of Law.
- Brenden Long, an attorney in private practice at Long Law Offices in Scott Depot. He formerly worked as an assistant prosecuting attorney in Kanawha County. He obtained a bachelor's degree from the University of Pittsburgh and a J.D. from Duquesne University School of Law. He was a candidate in the 2018 special election.
- Louis Palmer, a staff attorney for the West Virginia Supreme Court. He obtained a B.A. from City University of New York and a J.D. from the WVU College of Law.
- Jim Rowe, a former judge of the Eleventh Judicial Circuit in West Virginia. He served on the court from 1997 to 2016. At the time of his application, Rowe was a senior status judge working in the Nicholas County Circuit Court. He served in the West Virginia House of Delegates from 1988 to 1996. He obtained an undergraduate degree from WVU and a J.D. from the George Mason University School of Law.
- William Schwartz, an attorney at Harvit and Schwartz in Charleston. He obtained a bachelor's degree from St. John’s University in New York City and a J.D. from Washington & Lee University. Schwartz ran for a seat in the 2018 special election.
- Mark Sorsaia, a prosecuting attorney in Putnam County. He obtained a B.A. from WVU and a J.D. from the Claude W. Petit College of Law at Ohio Northern University.
- Joanna I. Tabit, a judge for the Thirteenth Judicial Circuit in West Virginia. She was appointed to the court in 2014. Tabit earned her undergraduate degree at Marshall University and her J.D. from the WVU College of Law. Tabit was a candidate in the 2018 special election.
- Harry Taylor, a social security administrative law judge as of 2014. According to the Charleston Gazette-Mail, Taylor was an active member of the bar at the time of his application.
- Joseph Wallace, an attorney at Wallace Law Offices in Elkins. He obtained a bachelor’s degree from Michigan State University and a J.D. from the WVU College of Law.
- Rusty Webb, an attorney at the Webb Law Centre. He served in the state House of Delegates from 1997 to 2004. He briefly served on the Charleston City Council from January to May 2017. He obtained a bachelor's degree from Marshall University and a J.D. from the WVU College of Law. Webb withdrew his application on December 11. He endorsed Hutchison for the position, saying, "It’s clear to me he’s the most qualified. ... He is a great jurist and I believe he deserves to have that position."[7]
- William Wooton, an attorney at Wooten, Davis, Hussell & Ellis in Beckley. He served in the state House from 1977 to 2010 in seven non-consecutive terms. He also served in the West Virginia State Senate from 1991 to 2002. Wooton obtained a bachelor's degree from Marshall University and a J.D. from the WVU College of Law.[8]
Noteworthy events
See also
External links
Footnotes
- ↑ Office of the Governor Jim Justice, "Gov. Justice receives letter of resignation from Supreme Court Justice Allen Loughry," November 10, 2018
- ↑ 2.0 2.1 American Judicature Society, "Methods of Judicial Selection: West Virginia; Judicial Nominating Commissions," archived January 13, 2012
- ↑ Office of the Governor Jim Justice, "Gov. Justice appoints Raleigh County Circuit Court Judge John Hutchison to the Supreme Court of Appeals," December 12, 2018
- ↑ Charleston Gazette-Mail, "Raleigh circuit judge appointed to state Supreme Court," December 12, 2018
- ↑ Charleston Gazette-Mail, "Candidates for state Supreme Court from varied professional backgrounds," December 5, 2018
- ↑ Charleston Gazette-Mail, "Attorney withdraws from Supreme Court consideration, endorses Tabit," December 6, 2018
- ↑ Charleston Gazette-Mail, "Second attorney withdraws appointment request, endorses Raleigh judge," December 11, 2018
- ↑ Office of the Governor Jim Justice, "Judicial Vacancy Advisory Commission releases list of applicants for WV Supreme Court vacancy," December 4, 2018
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
About Justice Loughry
Loughry was a justice of the Supreme Court of Appeals of West Virginia from 2013 to 2018.[1] He was elected to the court as a Republican on November 6, 2012, for a term that began in January 2013.[2] Loughry resigned November 12, 2018.[3]
Loughry received his undergraduate degree from the Perley Isaac Reed School of Journalism at West Virginia University. He earned four law degrees:
- a J.D. from the Capital University School of Law in Columbus, Ohio,
- an S.J.D (doctor of juridical science) and an LL.M. (master of laws in law and government) from The American University, Washington College of Law, and
- an LL.M. (master of laws in criminology and criminal justice) from the University of London.
Loughry also studied law at the University of Oxford in England, where he received the program's top political science award. He turned his doctoral thesis into a book about the history of political corruption in West Virginia.[4][5]
Loughry previously worked as a law clerk to the state supreme court (2003 to 2012), as a senior assistant attorney general in the West Virginia attorney general's office (1997 to 2003), and as a personal assistant to the prosecuting attorney of Tucker County, West Virginia (1988 to 1989). He also served as a special assistant to U.S. Rep. Harley O. Staggers, Jr. (D) and as a direct aide to West Virginia Governor Gaston Caperton (D). In 1997, Loughry completed a legal externship at the Ohio Supreme Court.[2]
See also
| West Virginia | Judicial Selection | More Courts |
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External links
Footnotes
- ↑ MetroNews, "Loughry to be chief justice in 2017," December 26, 2016
- ↑ 2.0 2.1 Supreme Court of Appeals of West Virginia, "Justice Allen Loughry biography," accessed October 15, 2018
- ↑ Office of the Governor Jim Justice, "Gov. Justice receives letter of resignation from Supreme Court Justice Allen Loughry," November 10, 2018
- ↑ Herald-Dispatch, "Allen Loughry: Court must resist the influence of politics," October 7, 2012
- ↑ Loughry, Allen. (2006). Don't Buy Another Vote, I Won't Pay for a Landslide: The Sordid and Continuing History of Political Corruption in West Virginia. Parsons, WV: McCain Printing Company. (pages ix-xii)
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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
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