Voters Guide May 8, 2012 West Virginia Primary Election
Democratic Candidates for West Virginia Supreme Court of Appeals
CANDIDATE J. D. Beane
COUNTY OF RESIDENCE Wood
PARTY Democratic
BIOGRAPHICAL INFORMATION: J.D. Beane was appointed by Governor Joe Manchin on December 15, 2006 as Circuit Court Judge for Wood and Wirt Counties. J.D. was elected in 2008 to an eight year term. J.D. has served as Chief Judge since 2011 and was a member on the Judicial Investigation Commission. www.jdbeane.com
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: If an intermediate court of appeals is enacted by the legislature with proper funding and structure it may be of benefit to citizens of this state. If not well thought out with input from various entities and adequate funding, cases could become backlogged and justice delayed is justice denied.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: I have spent 16 years practicing law as well as 16 years enacting laws while serving in the legislature from 1990-2006. However, serving the past 6 years as Circuit Judge on the other side of the bench gives me the necessary experience to seek a 12 year term.
CANDIDATE Letitia “Tish” Chafin
COUNTY OF RESIDENCE Kanawha
PARTY Democratic
BIOGRAPHICAL INFORMATION: I am a graduate of Marshall University and WVU College of Law. I am an eight-year member of Marshall’s Board. I am managing partner of a successful law firm where I have practiced for over 15 years. My Balanced Court Initiative will assure a fair and open Court. See www.chafin2012.com.
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: All parties deserve the right to have a judgment against them reviewed on appeal. Our Supreme Court recently enacted rules to grant the right to appeal without creating a new court that might delay litigation and increase taxpayer costs. I will monitor these rules to ensure that they work.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: I have a varied legal practice that includes everything from writing wills to arguing appeals. During my term as President of the West Virginia State Bar, I became the first Bar President to visit every West Virginia county where I learned firsthand what the people need from our courts.
CANDIDATE Robin Jean Davis
COUNTY OF RESIDENCE Kanawha
PARTY Democratic
BIOGRAPHICAL INFORMATION: I was born and raised in West Virginia; my mother was a teacher and my father was a coal miner. I am a graduate of West Virginia Wesleyan and WVU with master’s and law degrees. I was engaged in private practice from 1982-1996, focusing on domestic relations and employee benefits.
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: West Virginia does not need to create another court. As Chief Justice in 2010, I led the comprehensive rewrite of the appellate rules, and a written decision is issued on every appeal. This transparent process saves taxpayers millions and guarantees an appeal of right to every citizen.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: I have served on the Court since 1996 and as Chief five times, one third of my time on the Court. I led the creation of the Child Abuse and Neglect database and the Domestic Violence Registry. I currently lead the initiative to reduce truancy in the state.
CANDIDATE Louis Palmer
COUNTY OF RESIDENCE Kanawha
PARTY Democratic
BIOGRAPHICAL INFORMATION: In 1992 I received a law degree from WVU College of Law. I maintained a law office in Fairmont and was also on the faculty of Fairmont State College until 1996. In 1996 I joined the legal staff of the Supreme Court, where I am currently employed. Campaign website: www.palmersupremecourt.com
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: The cost to taxpayers for maintaining a fully operational intermediate appellate court is too great, considering the benefits of such a court would be minimal.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: Authored 14 books, including: Litigation Handbook On West Virginia Rules Of Civil Procedure; Handbook On Evidence for West Virginia Lawyers; Handbook On The Rules Of Civil Procedure For West Virginia Magistrate Courts; Encyclopedia Of Capital Punishment In The United States; Encyclopedia Of Abortion In The United States.
CANDIDATE H. John “Buck” Rogers
COUNTY OF RESIDENCE Wetzel
PARTY Democratic
BIOGRAPHICAL INFORMATION: I am trained in the law (Ll.B., Harvard 1966); theology (M. Div. Pittsburgh Theological Seminary; M.A. Sacred Theology from the Immaculite Conception in New York); and psychoanalysis (the Psychohistory Forum in New York; at the Washington Square Institute.) I am also a freelance writer and a farmer.
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: Opposed. It would just be another layer of bureaucracy driving up the delay and cost of litigation. The current method of handling appeals is for the most part unsatisfactory (everyone suspects some neophyte scrawls out the per curiams! Oral argument is the essence of the law. Hearing panels would work.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: In 1963 I left the W.Va. Penitentiary after 9 months as a guard and, after hitchhiking to Massachusetts, found myself setting next to Franklin Roosevelt III in civil procedure. In near 50 years I have had cases before barely literate Justices of the Peace to the U.S. Supreme Court.
CANDIDATE James “Jim” Rowe
COUNTY OF RESIDENCE Greenbrier
PARTY Democratic
BIOGRAPHICAL INFORMATION: Judge Rowe has been a Circuit Judge for 16 years. He served eight years in the House of Delegates, and was Judiciary Committee Chairman and Majority Leader. He serves on the Governor’s Committee on Crime, Delinquency and Corrections. He graduated from WVU and the George Mason University Law School.
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: Supreme Court appeals have significantly declined, and the Court’s new rule changes may negate the need for an Intermediate Appellant Court. Make no mistake, adding an extra judicial layer will be expensive to state taxpayers. We should give the Court’s rule changes another year to see their effect.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: My 16 years as a Circuit Judge and my eight years in the House of Delegates makes me the most experienced candidate running for the Supreme Court. As a sitting Judge, I daily handle the issues most affecting West Virginians . drug abuse, drop-outs and abuse and neglect cases.
Republican Candidates for West Virginia Supreme Court of Appeals
CANDIDATE Allen Loughry
COUNTY OF RESIDENCE Kanawha
PARTY Republican
BIOGRAPHICAL INFORMATION: Has worked for two Supreme Courts; was a Senior Assistant Attorney General; worked for a U.S. Congressman; a Governor; and is an adjunct professor. Author of “Don’t Buy Another Vote, I Won’t Pay For A Landslide.” Has four law degrees, a B.S. from WVU, and studied at Oxford University.
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: I have been in favor of an intermediate court of appeals in West Virginia since before it was popular to be in favor of such a court. I believe I am the only candidate in this race who openly and strongly supports this concept.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: I have been a supreme court attorney for the past nine years and therefore am extremely familiar with how the Court works. I also spent seven years as a senior assistant attorney general arguing more than twenty cases before the supreme court. I also have four law degrees.
CANDIDATE John Yoder
COUNTY OF RESIDENCE Jefferson
PARTY Republican
BIOGRAPHICAL INFORMATION: Served in all three branches of government; Judicial: Circuit Judge, 1977-80 & 2009-present and U.S. Supreme Court, 1980-1983; Legislative: State Senate, 1992-1996 & 2003-2008; Executive; U.S. Department of Judtice, Director, Asset Forfeiture Office, 1983-85. B.A., Chapman University, J.D., University of Kansas School of Law, M.B.A., University of Chicago. See www.judgeyoder.com
QUESTION 1. What is your position on creating an intermediate court of appeals in West Virginia?
ANSWER: I support an intermediate court of appeals, with 3 separate divisions covering different geographical areas of the State. The memorandum opinions, witten by law clerks rather than justices, do not provide adequate review for the many important issues that should be thoroughly reviewed by a higher court.
QUESTION 2. What special background or experience do you have that makes you more qualified for the WV Supreme Court of Appeals?
ANSWER: Having worked in all 3 branches of government, I understand and respect the proper role of justices in the balance of power. Only person selected in national competition as a U.S. Supreme Court Fellow (1980), and then worked as a permanet staff member for the Chief Justice of the U.S.
May 2012 Primary WV Supreme Court.doc