Volume Special No 3 Election
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Giving Adequate Attention to Failings of Judicial Impartiality
Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality JEFFREY W. STEMPEL* TABLE OF CONTENTS I. INTRODUCTION:M EN WITH NO REGRETS AND INADEQUATE CONCERN................... 2 II. CAPERTON V. MASSEY: JUDICIAL ERROR; WASTED RESOURCES; NEW CONSTITUTIONAL LAW—AND LIGHT TREATMENT OF THE PERPETRATOR ............................................................................................... 10 A. The Underlying Action............................................................................... 10 B. The 2004 West Virginia Supreme Court Elections..................................... 12 C. Review and Recusal ................................................................................... 13 D. The Supreme Court Intervenes .................................................................. 16 E. Caperton’s Test for Determining When Recusal Is Required by the Due Process Clause ........................................................................ 17 F. Comparing the “Reasonable Question as to Impartiality” Standard for Nonconstitutional Recusal Under Federal and State Law to the “Serious Risk of Bias” Standard for Constitutional Due Process Under Caperton....................................... 19 G. The Dissenters’ Defense of Justice Benjamin—And Defective Judging ...................................................................................... 25 H. Enablers: Reluctance To Criticize Justice Benjamin................................. 28 * © 2010 Jeffrey W. Stempel. Doris S. & Theodore B. Lee Professor -
WEST VIRGINIA HOUSE of DELEGATES, Petitioner, V
No. 18-____ IN THE Supreme Court of the United States ———— WEST VIRGINIA HOUSE OF DELEGATES, Petitioner, v. STATE OF WEST VIRGINIA ex rel. MARGARET L. WORKMAN, MITCH CARMICHAEL, President of the West Virginia Senate; DONNA J. BOLEY, President Pro Tempore of the West Virginia Senate; RYAN FERNS, Majority Leader of the West Virginia Senate; LEE CASSIS, Clerk of the West Virginia Senate; and the WEST VIRGINIA SENATE, Respondents. ———— On Petition for a Writ of Certiorari to the Supreme Court of Appeals of West Virginia ———— PETITION FOR A WRIT OF CERTIORARI ———— MARK A. CARTER Counsel of Record DINSMORE & SHOHL LLP 707 Virginia Street, East Chase Tower, Suite 1300 Charleston, WV 25301 (304) 357-0900 [email protected] Counsel for Petitioner January 8, 2019 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTIONS PRESENTED 1. Whether the Supreme Court of Appeals of West Virginia’s decision in this case violates the Guarantee Clause of the United States Constitution. 2. Whether the Supreme Court of Appeals of West Virginia properly denied the Motion to Intervene of the Petitioner, the West Virginia House of Delegates. (i) ii PARTIES TO THE PROCEEDING AND RULE 29.6 STATEMENT Respondents are Margaret L. Workman; Mitch Carmichael, President of the West Virginia Senate; Donna J. Boley, President Pro Tempore of the West Virginia Senate; Ryan Ferns, Majority Leader of the West Virginia Senate; Lee Cassis, Clerk of the West Virginia Senate; and the West Virginia Senate. Petitioner is the West Virginia House of Delegates as an indispensable and materially affected party who was wrongfully denied intervenor status. -
Response, State Ex Rel. William K. Schwartz V. James Justice
IN THE SUPREME COURT OF APPEALS OF WEST No. 18-0789 STATE OF WEST VIRGINIA ex reI. WILLIAM K. SCHWARTZ, a registered voter in Kanawha County, West Virginia, Petitioner, v. THE HONORABLE]AMESJUSTICE, Governor ofWest Virginia; THE HONORABLE MAC WARNER, Secretary ofState ofWest Virginia; EVANJENKINS, real party in interest; and TIMARMSTEAD, real party in interest, Respondents VERIFIED RESPONSE TO COMBINED WRIT OF MANDAMUS AND WRIT OF PROIllBITION Counsel for Petitioner Counsel for Respondent Jenkins Teresa C. Toriseva Ancil G. Ramey wv Bar No. 6947 WV Bar No. 3013 Joshua D. Miller Steptoe &Johnson PLLC WV Bar No. 12439 P.O. Box 2195 Toriseva Law Huntington, WV 25722-2195 1446 National Road (304) 526-8133 Wheeling, WV 26003 [email protected] (304) 238-0066 [email protected] S. Paige Flanigan WV Bar No. 6015 Flanigan Law Office 1407 East Main Street Princeton, WV 24740 (304) 487-2338 [email protected] TABLE OF CONTENTS I. QUESTIONS PRESENTED .................................................................................... 1 II. STATEMENT OF THE CASE................................................................................ 3 III. SUMMARY OF ARGUMENT ................................................................................ 5 IV. STATEMENT REGARDING ORAL ARGUMENT AND DECISION................ 6 V. ARGUMENT A. STANDARD OF REVIEW.................................................................................... 6 B. BECAUSE RESPONDENT JENKINS HAs BEEN ADMITIED TO THE PRACTICE OF LAW IN THE STATE OF -
Petition for a Writ of Certiorari to the Supreme Court of Appeals of West Virginia
No. ________ In the Supreme Court of the United States MITCH CARMICHAEL, President of the West Virginia Senate, DONNA J. BOLEY, President Pro Tempore of the West Virginia Senate, TOM TAKUBO, West Virginia Senate Majority Leader, LEE CASSIS, Clerk of the West Virginia Senate, and the WEST VIRGINIA SENATE, Petitioners, v. West Virginia ex. rel. MARGARET L. WORKMAN, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF APPEALS OF WEST VIRGINIA PETITION FOR A WRIT OF CERTIORARI PATRICK MORRISEY LINDSAY S. SEE Attorney General Solicitor General OFFICE OF THE Counsel of Record WEST VIRGINIA ATTORNEY GENERAL ZACHARY A. VIGLIANCO State Capitol Complex Assistant Attorney Building 1, Room E-26 General Charleston, WV 25305 [email protected] (304) 558-2021 Counsel for Petitioners QUESTIONS PRESENTED In a decision that brought pending state impeachment proceedings to a halt, a panel of acting justices of the Supreme Court of Appeals of West Virginia inserted itself into both the substance and procedure of a process that the West Virginia Constitution entrusts exclusively to the Legislative Branch. In its opinion, the court refused to grant relief under the “Guarantee Clause” of Article IV, § 4 of the United States Constitution, which promises that “[t]he United States shall guarantee to every State in this Union a Republican Form of Government,” because it deemed Guarantee Clause challenges to be nonjusticiable political questions. The questions presented are: 1) Whether Guarantee Clause claims are judicially cognizable? 2) Whether a state judiciary’s intrusion into the impeachment process represents so grave a violation of the doctrine of separation of powers as to undermine the essential components of a republican form of government? ii TABLE OF CONTENTS Page QUESTIONS PRESENTED ...................................... -
Legalnewsline | W.Va. SC Wi
LegalNewsline | W.Va. SC will hear appeal of McGraw victory http://legalnewsline.com/news/226312-w.va.-sc-will-hear-appeal-of-mc... Tuesday, March 30 2010 News | Contact LegalNewsline | About Us | Advertise | RSS Enter search keyword NEWSLETTER Receive our FREE weekly newsletter click here LNL MOST POPULAR ARTICLES LNL HOT TOPICS + Cuccinelli says Virginia law prevents health insurance mandate + Asbestos + Gasoline Prices + Ga. AG thinks health care challenge will fail + Bankruptcy + Global Warming + Calif. AG hopeful launches petition against health care lawsuits + Big Pharma + Hurricane Katrina + Former AG, senator defends McKenna joining health care lawsuit + Class Action + Lead Paint + AG Caldwell back in the national spotlight + Dickie Scruggs + Personal Injury + Financial Crisis + Sub-Prime Mortgages IN THE SPOTLIGHT: Big Pharma Tuesday, March 23, 2010 Delaware ranked best legal climate; West Virginia the worst WEDNESDAY, MARCH 24, 2010 12:29:00 PM WASHINGTON (Legal Newsline)-Delaware continues to have the best legal climate in the United States, W.Va. SC will hear appeal of McGraw victory while West Virginia still holds the distinction of having BY JOHN O'BRIEN the most anti-business courts in the nation, a survey CHARLESTON, W.Va. (Legal Newsline) - The West Virginia released today indicates. Supreme Court will hear Johnson & Johnson's appeal of a Read more... nearly $4.5 million civil penalty imposed on it in a lawsuit brought by state Attorney General Darrell McGraw. + New Mexico appellate judges failing to curb liability, The justices decided in a 3-1 vote on March 10 to examine the report says - 3/10 $4,475,000 decision from Brooke County. -
Power in the 2008 West Virginia Republican Presidential Convention Nora Kay Ankrom
Marshall University Marshall Digital Scholar Theses, Dissertations and Capstones 1-1-2011 Horse-Trading in Smoke-Filled Rooms: Power in the 2008 West Virginia Republican Presidential Convention Nora Kay Ankrom Follow this and additional works at: http://mds.marshall.edu/etd Part of the American Politics Commons Recommended Citation Ankrom, Nora Kay, "Horse-Trading in Smoke-Filled Rooms: Power in the 2008 West Virginia Republican Presidential Convention" (2011). Theses, Dissertations and Capstones. Paper 8. This Thesis is brought to you for free and open access by Marshall Digital Scholar. It has been accepted for inclusion in Theses, Dissertations and Capstones by an authorized administrator of Marshall Digital Scholar. For more information, please contact [email protected]. HORSE‐TRADING IN SMOKE‐FILLED ROOMS: POWER IN THE 2008 WEST VIRGINIA REPUBLICAN PRESIDENTIAL CONVENTION A Thesis submitted to the Graduate College of Marshall University In partial fulfillment of the requirements for the degree of Master of Arts Political Science by Nora Kay Ankrom Approved by Dr. Jamie Warner, Ph.D., Committee Chairperson Dr. George Davis, Ph.D. Dr. Jess Morrissette, Ph.D. Marshall University May 2011 Table of Contents List of Figures p. iii List of Appendices p. iv Abstract p. v Preface pp. 1-6 Introduction pp.7-23 Chapter One – History pp. 24-51 Chapter Two – Theoretical Perspectives pp. 52-78 Chapter Three – Three-Dimensional Power pp. 79-98 Chapter Four – Two-Dimensional Power pp. 99-112 Chapter Five – One-Dimensional Power pp. 113-120 Conclusions pp. 121-126 ii Figures Figure 1 – Republican Party Structure p. 27 Figure 2 – Timeline for the 2008 WVGOP Presidential Convention p. -
A Horse of a Different Color: Distinguishing the Judiciary from the Political Branches in Campaign Financing
Volume 115 Issue 1 Article 16 September 2012 A Horse of a Different Color: Distinguishing the Judiciary from the Political Branches in Campaign Financing Anthony J. Delligatti West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Constitutional Law Commons, and the Election Law Commons Recommended Citation Anthony J. Delligatti, A Horse of a Different Color: Distinguishing the Judiciary from the Political Branches in Campaign Financing, 115 W. Va. L. Rev. (2012). Available at: https://researchrepository.wvu.edu/wvlr/vol115/iss1/16 This Student Work is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Delligatti: A Horse of a Different Color: Distinguishing the Judiciary from t A HORSE OF A DIFFERENT COLOR: DISTINGUISHING THE JUDICIARY FROM THE POLITICAL BRANCHES IN CAMPAIGN FINANCING' I. INTRODUCTION .............................................. 402 II. A HORSE OF A DIFFERENT COLOR: DISTINGUISHING THE JUDICIARY..406 A. Independentfrom Whom?.. ............................ 409 B. A BriefHistory ofJudicialSelection to State Courts ofLast Resort.........................................413 C. Republican Party of Minnesota v. White, the ABA Model Code ofJudicial Conduct, and Judges as (Non)Representatives............414 III. THE BUCKLEY PARADIGM OF CAMPAIGN FINANCE JURISPRUDENCE.... 422 A. DistinguishingCampaign Contributions and Expenditures..........423 B. The Compelling State InterestAgainst Corruptionand the Appearance of Corruption ..................... ...... 423 C. Away From Balancing, Toward Strict Scrutiny ........ ........ 425 D. Strict Scrutiny Should Not Apply to Judicial Campaign Speech ...426 IV. -
Justice Thomas Mchugh Sworn in for Immediate Release Thursday, December 16, 2010
Supreme Court of Appeals Administrative Office 1900 Kanawha Blvd., East State of West Virginia Bldg. 1, Room E-316 Charleston, West Virginia 25305 (304) 340-2305 Jennifer Bundy (304) 340-2306 April Harless (304) 558-4219 / TTY (304) 558-1212 / FAX Web Site: http://www.state.wv.us/wvsca Information Services Division News Email: [email protected] Email: [email protected] Justice Thomas McHugh sworn in For immediate release Thursday, December 16, 2010 CHARLESTON, W.Va. – Justice Thomas McHugh was sworn in to a two- year term on the Supreme Court of Appeals of West Virginia during a 3 p.m. ceremony today in the Supreme Court Chamber. “This has really been a journey that has taken a lot of turns,” Justice McHugh said immediately after taking the oath of office from Chief Justice Robin Jean Davis, as his wife, Judy, and twin sons, John and James, stood by his side. He said he never could have imagined rejoining the Court when he retired on December 31, 1997. He said he was both honored and pleased when then-Chief Justice Elliott Maynard asked him on September 1, 2008, to sit by Designation as a Senior Status Justice for Justice Joseph Albright during Justice Albright’s illness, and then again when then-Chief Justice Brent Benjamin asked him to continue that service into 2009. Then-Governor Joe Manchin III appointed him to the seat on April 20, 2009, after the death of Justice Albright. Justice McHugh was elected on Nov. 2 to fill the unexpired term of Justice Albright, which ends in 2012. -
The Highlands Voice
West Virginia Highlands Conservancy PO. Box 306 Non-Profit Org. Charleston, WV 25321 U.S. Postage PAID Permit No. 2831 Charleston, WV The Highlands Voice Since 1967, The Monthly Publication of the West Virginia Highlands Conservancy Volume 51 No. 7 July, 2018 Blair Mountain Battlefield Back on the National Register By Cindy Rank THE GOOD NEWS bloody confrontation ended only when federal troops were sent in The listing of Blair Mountain Battlefield on the National to quell the uprising. Register of Historic Places has been re-affirmed! The struggle to protect the historic site has itself been a long As you may recall from previous issues of the Voice, the uphill battle [no pun intended - really]. Battlefield was nominated in July 2005, officially listed in March My first introduction to the effort to preserve Blair Mountain was 2009, challenged a month later, and delisted at the end of 2009. in the late 1980s and early 1990s when the Highlands Conservancy Now, after years of political and legal wrangling the earlier delisting was lobbying along with the UMWA (United Mineworkers of America) has been determined to be in error and the Blair Mountain Battlefield for reasonable safety and environmental regulations to control some returned to its rightful place on the National Register. of the abuses caused by the increased size and mechanization of The affirming Decision Memorandum was signed by the coal mining that defied existing regulations tailored to less massive Keeper of the National Register on June 27, 2018. mining techniques. A BIT OF BACKGROUND During that time the UMWA fought somewhat unsuccessfully The Battle of Blair Mountain, probably the largest labor to keep mining away from the area of the historic battle of Blair uprising in the U.S. -
Kenneth Hechler Papers, 1958-1976
Marshall University Marshall Digital Scholar Guides to Manuscript Collections Search Our Collections 2010 0777: Kenneth Hechler Papers, 1958-1976 Marshall University Special Collections Follow this and additional works at: https://mds.marshall.edu/sc_finding_aids Part of the American Politics Commons, Appalachian Studies Commons, Fiction Commons, Nonfiction Commons, Other Political Science Commons, Political History Commons, and the Publishing Commons Recommended Citation Kenneth Hechler Papers, 1958-1976, Accession No. 2010/05.0777, Special Collections Department, Marshall University, Huntington, WV. This Finding Aid is brought to you for free and open access by the Search Our Collections at Marshall Digital Scholar. It has been accepted for inclusion in Guides to Manuscript Collections by an authorized administrator of Marshall Digital Scholar. For more information, please contact [email protected], [email protected]. Inventory of the Kenneth Hechler Papers, 1958-1976 Accession 2010/05.0777 Scope and Content: Personal family papers, photographs and correspondence. Includes research material for Hechler's book, "The Bridge at Remagen". Also includes campaign material for Congressional races, West Virginia Secretary of State and a bid for the governorship of West Virginia. For additional materials created by Kenneth Hechler, look at the following collections: 2014/10.0820 2010/05.0702 1977/01.0199 Series I Family Series Ia Ancestry Box 1 (52 folders total) Folders 1-3 Ken’s genealogy research Folder 4 Notes on Gottfried Hechler Family -
Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2010 Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality Jeffrey W. Stempel University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons, and the Judges Commons Recommended Citation Stempel, Jeffrey W., "Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality" (2010). Scholarly Works. 238. https://scholars.law.unlv.edu/facpub/238 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality JEFFREY W. STEMPEL* TABLE OF CONTENTS I. INTRODUCTION: MEN WITH No REGRETS AND INADEQUATE CONCERN ............... 2 II. CAPERTON v. MASSEY: JUDICIAL ERROR; WASTED RESOURCES; NEW CONSTITUTIONAL LAW-AND LIGHT TREATMENT OF THE PERPETRATOR ............................................................................................ 10 A. The UnderlyingAction ........................................................................... 10 B. The 2004 West Virginia Supreme Court Elections................................. 12 C. Review andRecusal ............................................................................... 13 D. The -
2008 Civil Rights Day Booklet
From Whence We Came Meet Our Honorees 6th Annual West Virginia Civil Rights Day Thursday, February 28, 2008 11:30A.M. Charleston Job Corps Center Charleston, West Virginia “From Whence We Came” West Virginia Civil Rights Day February 28, 2008 Joe & Gayle Manchin Governor and First Lady of West Virginia PROCLAMATION by Governor Joe Manchin III Whereas, equal rights and opportunities for all West Virginians are fundamental to our well- being, and these rights and opportunities are protected in our Declaration of Independence and in our state’s Constitution; and, Whereas, equal opportunities in employment, public accommodations and housing are public policy in West Virginia; and, Whereas, the West Virginia Legislature created the Human Rights Act prohibiting discrimination in employment and in places of public accommodations based on race, religion, color, national origin, ancestry, sex, age or disability; and, Whereas, the West Virginia Human Rights Commission encourages mutual respect among all racial, religious and ethnic groups within the state; and, Whereas, it works cooperatively with government agencies, community and civic organizations and representatives of minority groups to promote programs and campaigns devoted to the achievement of tolerance, understanding and equal protection of the law; Now, Therefore, Be it Resolved that I, Joe Manchin III, Governor of the State of West Virginia, do hereby proclaim February 28, 2008, as: Civil Rights Day in the Mountain State. In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed. Done at the Capitol, City of Charleston, State of West Virginia, this the Twelfth day of February, in the year of our Lord, Two Thousand Eight and in the One Hundred Forty-fifth year of the State.