Supreme Court race turns negative By Scott Finn

Studio lead: We’re just days away from the primary in West Virginia, and the political ads are starting to get nasty – especially in the Supreme Court race.

Huntington lawyer Menis Ketchum has become the first candidate to release a negative T.V. ad, attacking Chief Justice Elliott “Spike” Maynard. But the other candidates are under attack too – from independent groups. Scott Finn reports.

Finn: Most of you listening have probably heard about Justice Spike Maynard’s vacation in Monaco with Massey Energy CEO Don Blankenship -- this shortly before Maynard voted Massey’s way on a $50 million case.

Last month, challenger Menis Ketchum saw nothing wrong with what Maynard did. Here he is at the Associated Press debate, responding to a question by Kenny Bass of WCHS-TV.

Bass: For example, is it a problem if Justice Maynard hears cases involving Massey Energy? Ketchum: With regard to the Don Blankenship case? Bass: Yes. Ketchum: It doesn’t bother me. It’s easy for me to pick on an incumbent. Let’s talk about issues. Let’s get past that. I mean, really.

Finn: But that was then…this is now.

Commercial: Spike Maynard spent time in the French Riviera with Don Blankenship…(fade under)

Finn: Ketchum is airing this T.V. commercial in the northern part of the state.

Commercial:…The newspapers report a federal probe into their relationship….Federal Probe? Let’s tell Spike to take a hike.

Finn: The commercial refers to articles in the Wall Street Journal and Charleston Gazette about the so-called federal probe. But what evidence is there of an FBI investigation?

The Gazette called it a probe, but the Journal only said that “federal investigators have interviewed court employees to learn more about the Monaco vacation.” Both stories are based on anonymous court employees.

Justice Maynard says if there was any sort of federal probe, he or his staff would have been contacted by now.

Maynard: I think the ad is libelous, frankly, and it is untrue. I will flatly tell you there is no federal investigation. Some people tried to instigate one for political reasons, but it never came to pass.

Finn: Maynard says the ad reminds him of 2002, when anonymous Republican sources told the media that a federal grand jury allegedly was investigating Craigo’s campaign finances.

Craigo was never indicted, but he lost to challenger Lisa Smith, who, ironically, ended up in federal prison herself.

Maynard: You know, I watched what happened to Oshel, and I really thought it was unfair. And nothing came of that, it was just rumor and innuendo. Finn: The Ketchum campaign stands by its advertisement. Campaign consultant David Brown says they used the word “probe” because that’s what the Gazette reported.

Besides, they were just responding to a negative mail piece from Citizens Against Lawsuit Abuse, a group that supports Maynard. The ad plays on Ketchum’s first name, calling him a “menace” to West Virginia jobs.

Brown: But I’ll tell you the very specific moment he decided to run this ad was when his daughter called him up crying because she got a mailer that besmirched her good name.

Finn: Brown also alleges that an unnamed group is conducting a push-poll targeting Ketchum.

By comparison, the other candidates are getting off easy. Former Supreme Court Justice Margaret Workman is being attacked by West Virginians for Life.

The group’s mailer says Workman wrote a decision which requires the state Medicaid program to pay for abortions.

In the AP debate, Workman says the U.S. Supreme Court and the state Constitution left her no other choice.

Workman: One of my children is adopted, he was born to a 16-year-old mother. And I’m grateful in the deepest part of my heart that woman had the courage to give her birth. I don’t think anyone likes abortion. Oftentimes, people also say they want judges who follow the law, and many times there are opinions I’ve written over the years that I may not like and I may not agree with, but in order to follow the law, you have to write that opinion pursuant to the law.

Finn: WVU professor Bob Bastress has mailed brochures that rerfer to the vacation photos of Maynard and Blankenship. He’s also criticized the current court for hearing fewer cases, even as their salaries rose to $121,000 a year.

That led to this attack from Maynard at the AP debate:

Maynard: But if he wants to talk about people working, let me point out that Professor Bastress, who makes $132,000 a year, teaches 5 hours and 35 minutes a week, and runs a law practice on the side.

Finn: Bastress replied that his law school professor job includes a lot more than the time he spends in a classroom, and that his law practice is almost entirely volunteer work.

For West Virginia Public Broadcasting, I’m Scott Finn in Charleston.