Beane unsure judges should wade into political battle
By JODY MURPHYPARKERSBURG - Gov. Joe Manchin has approached the state's judicial association, seeking its endorsement to end the practice of electing its judiciary along partisan political lines, at least for the state's circuit court judges.
The group represents more than 90 active and retired circuit judges and Supreme Court justices. Its executive committee has already unanimously endorsed a resolution in support of Manchin's nonpartisan election plan. That committee has agreed to present the topic at the association's winter meeting, which begins today.
At least one circuit court judge isn't so sure it's his place to weigh in on the matter.
Wood County Circuit Court Judge J.D. Beane, a former state legislator, is hesitant to wade into the fray. Beane, a former Democratic Wood County representative, was appointed to the circuit court and successfully won re-election. He said politics don't come into play in his judicial duties.
"My decisions are more people decisions," he said Monday. "There really is no room for politics.
"The governor has asked (the circuit court judges) to support him and I'm not sure we can do that. We are not involved in the political process."
Beane said the matter should be left to the governor and the lawmakers.
"Politics has no role in judicial decisions," he said. "It is an issue for the governor and the Legislature. It is one of those issues they will have to fight out."
West Virginia holds party primaries for all its judicial officers - magistrates, family and circuit court judges and justices - before general elections. Two spots on the five-member Supreme Court were on the ballot this year along with all 66 circuit court and 45 family court seats.
Democrats outnumber Republican voters by nearly 2-to-1 in West Virginia. That dominance is frequently reflected by the outcome of the state's partisan judicial elections. Sitting Supreme Court Justice Brent Benjamin's election in 2004 made him the first non-incumbent Republican to win a seat on the high court since the 1920s.
Bills proposing nonpartisan elections have been introduced before, without success but often to sharp debate.
Beane said the matter came up during his time as a state lawmaker, but there was never a serious challenge to the practice, due to a lack of consensus.
"There was a such a minority view," he said. "Democrats weren't saying, 'Let's do this,' because traditionally they win the majority of the state."
Critics of the state's current method include the U.S. Chamber of Commerce, which has financed a multiyear campaign targeting West Virginia's civil justice system as unfair to business.
Beane said he certainly understands Manchin's attempt to end the practice of partisan politics for the judiciary; to change the state's image as a "judicial hellhole."
"I'm offended at hearing West Virginia is a judicial hellhole," he said referring to some tort reform groups who have consistently labeled the state as such. Beane said there is no substance to the label, but perception is another matter.
Beane said if Manchin thinks the practice of eliminating partisanship from the judiciary will alter that perception, he'll support it.
"If changing our reception (as a hellhole) will do that, I'm all for it."
The Associated Press contributed to this story.
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greetingsyall
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12-02-08 1:41 AM
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sounds like a good idea....good job Governor and Mr. Bean
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