The Times West Virginian

Opinion

January 22, 2010

Reshaping of West Virginia Supreme Court system in order

After a series of scandals, ugly elections and millions of dollars in campaign donations, it’s easy to see why the West Virginia Supreme Court of Appeals is so eager to boost its public image and restore people’s confidence in our state’s highest court.

At this point, we’re not sure that’s possible, at least not without a serious overhaul of the system.

The state administration seems to be on the same page. During his State of the State address last week, Gov. Joe Manchin announced that the state Supreme Court will propose changes to its policies meant to “ensure there will be full appellate review by the court of all final decisions on the merits issued by the circuit courts.” A draft copy of Manchin’s bill says funding will come from new fees from court proceedings and lawyers, the unclaimed property fund administered by the state treas­urer, a voluntary donation on income tax forms and other sources.

That sounds like a good idea for a judicial system that has been “scrutinized by the nation’s highest court and branded a ‘hellhole’ by the U.S. Chamber of Commerce,” as reported by The Associated Press.

But Manchin said public financing for Supreme Court justices will eliminate that perception.

“The goal is to relieve judges from the burden of political fundraising and to reduce the potential for appearance of bias as a result of campaign donations,” he said.

According to The Associated Press, Manchin wants to allow for public financing for the two state Supreme Court elections in 2012, with an eye toward addressing fears that West Virginia justices can be bought by wealthy campaign donors.

The court, meanwhile, plans to release a proposed set of rules by early February aimed to address concerns that the state lacks an effective process for reviewing decisions made by circuit courts.

The timing couldn’t be better. The state Supreme Court desperately needs to restore public confidence, and it needs to do it now. After all, the mission of the state’s highest court — to hear appeals of decisions from lower courts and administrative agencies and to interpret the laws of West Virginia and the United States — should not be influenced by dollar signs or a personal agenda, but rather should help lead to a court that is fair and balanced.

Perhaps the tide is changing. Perhaps a reshaping of the system is just what the Mountain State will see in the near future.

West Virginians should be able to rely on their state Supreme Court for decisions that are based on facts, decisions that are unbiased and nonpolitical. We’ve waited long enough.

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