West Virginia Supreme Court of Appeals special elections, 2018
- General election: Nov. 6
- Voter registration deadline: Oct. 16
- Early voting: Oct. 24 - Nov. 3
- Absentee voting deadline: Nov. 5
- Online registration: Yes
- Same-day registration: No
- Voter ID: Non-photo ID required
- Poll times: 6:30 a.m. to 7:30 p.m.
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Tim Armstead and Evan Jenkins won the two seats up for special election on the West Virginia Supreme Court on November 6, 2018. Twenty candidates filed for the two seats. Elections for the court are nonpartisan.
The elections were triggered after Justices Menis Ketchum and Robin Davis resigned from office effective July 27 and August 13, respectively. Both justices' resignations came amidst an investigation of the entire state Supreme Court stemming from the alleged misuse of state funds, specifically relating to $360,000 spent to renovate offices at the courthouse, as well as the improper use of state vehicles.[1]
Justice Ketchum's resignation came shortly after the West Virginia General Assembly convened in a special session to discuss "[m]atters relating to the removal of one or more Justices of the Supreme Court of Appeals of West Virginia, including, but not limited to, censure, impeachment, trial, conviction, and disqualification."[2] According to Metro News, Ketchum was involved in an investigation related to the improper use of state vehicles for personal gain. A legislative audit indicated that Ketchum failed to report the use of the vehicles on his personal income tax returns.[3]
Justice Davis resigned one day after the West Virginia House of Delegates voted to begin impeachment proceedings on all of the remaining West Virginia Supreme Court justices. Governor Jim Justice then released a proclamation that the special election for Davis' seat would be held concurrently with the November general election.
For more detailed information on the impeachment proceedings, click here.[4]
Candidates
Division 1 (Ketchum's seat)
General election candidates
- Tim Armstead (Nonpartisan) ✔
- Harry Bruner Jr. (Nonpartisan)
- Robert Carlton (Nonpartisan)
- Ronald Hatfield Jr. (Nonpartisan)
- Mark Hunt (Nonpartisan)
- Hiram Lewis IV (Nonpartisan)
- D.C. Offutt Jr. (Nonpartisan)
- Joanna I. Tabit (Nonpartisan)
- Chris Wilkes (Nonpartisan)
- Jeff Woods (Nonpartisan)
Division 2 (Davis' seat)
General election candidates
- Evan Jenkins (Incumbent) (Nonpartisan) ✔
- Jim Douglas (Nonpartisan)
- Robert Frank (Nonpartisan)
- Jeffrey Kessler (Nonpartisan)
- Brenden Long (Nonpartisan)
- Jim O'Brien (Nonpartisan)
- William Schwartz (Nonpartisan)
- Marty Sheehan (Nonpartisan)
- Dennise Renee Smith (Nonpartisan)
- William Stewart Thompson (Nonpartisan)
About the court
The West Virginia Supreme Court of Appeals is the state's court of last resort, called in many states simply the state's Supreme Court. This means it is the state's highest court, and its rulings are not subject to review by any other court except in cases that fit the proper conditions for review by the United States Supreme Court. There are five justices on the court.
West Virginia is one of nine states with no intermediate appellate court or what is called in most states the state's Court of Appeals.[5] This means that parties wishing to appeal rulings of a lower court must appeal straight to the Supreme Court of Appeals. This court receives about three thousand appeals per year.[6]
Race background
Legislative audits of the West Virginia State Supreme Court were conducted in April, May, and June 2018. The April 2018 audit concluded Justices Allen Loughry and Menis Ketchum drove state vehicles for personal use without reporting it on their tax returns. The audit said Loughry drove state vehicles without documenting the use and questioned whether the use was for business purposes. There was also an investigation into an alleged misuse of state funds, specifically relating to $360,000 spent to renovate offices at the courthouse. The impeachment articles against the four remaining justices accused them of misusing more than $1,000,000 collectively in state funds.
These audits triggered an impeachment investigation into all five members of the West Virginia Supreme Court, which the West Virginia House of Delegates authorized on June 26. The resolution noted the filing of a formal statement of charges and an indictment against Justice Allen Loughry, who was suspended from the court without pay. Impeachment hearings were held July 12-27.
Justice Menis Ketchum submitted a resignation letter on July 11, which stated he would resign effective July 27. Justice Davis resigned on August 14, following an impeachment vote.
The West Virginia House of Delegates voted to impeach Justices Allen Loughry, Margaret Workman, Robin Jean Davis, and Beth Walker on August 13.
For the remaining three justices, impeachment proceedings will advance to the West Virginia State Senate, where a two-thirds majority vote is required to convict and remove the justices from office.
Selection
- See also: Judicial selection in West Virginia
Each of the five justices on the Supreme Court of Appeals of West Virginia serves terms of 12 years. In the case of a vacancy, the governor of the state appoints the justice. That appointed justice must then run in the next general election.[7]
Qualifications
Justices must have practiced law for at least 10 years to preside on the Supreme Court of Appeals of West Virginia.[7]
Political outlook
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of West Virginia was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, West Virginia received a score of -0.35. Based on the justices selected, West Virginia was the 13th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[8]
State profile
| Demographic data for West Virginia | ||
|---|---|---|
| West Virginia | U.S. | |
| Total population: | 1,841,053 | 316,515,021 |
| Land area (sq mi): | 24,038 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 93.6% | 73.6% |
| Black/African American: | 3.3% | 12.6% |
| Asian: | 0.7% | 5.1% |
| Native American: | 0.2% | 0.8% |
| Pacific Islander: | 0% | 0.2% |
| Two or more: | 2% | 3% |
| Hispanic/Latino: | 1.4% | 17.1% |
| Education | ||
| High school graduation rate: | 85% | 86.7% |
| College graduation rate: | 19.2% | 29.8% |
| Income | ||
| Median household income: | $41,751 | $53,889 |
| Persons below poverty level: | 22.2% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in West Virginia. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
West Virginia voted Republican in all seven presidential elections between 2000 and 2024.
More West Virginia coverage on Ballotpedia
- Elections in West Virginia
- United States congressional delegations from West Virginia
- Public policy in West Virginia
- Endorsers in West Virginia
- West Virginia fact checks
- More...
Pivot Counties
- See also: Pivot Counties by state
There are no pivot counties in West Virginia. Pivot Counties are counties that voted for Barack Obama (D) in 2008 and 2012 and for Donald Trump (R) in 2016. Altogether, the nation had 206 Pivot Counties, with most being concentrated in upper midwestern and northeastern states.
In the 2016 presidential election, Donald Trump (R) won West Virginia with 68.5 percent of the vote. Hillary Clinton (D) received 26.4 percent. In presidential elections between 1900 and 2016, West Virginia cast votes for the winning presidential candidate 76.7 percent of the time. In that same time frame, West Virginia supported Democratic and Republican candidates for president equally. West Virginia favored Republicans in every presidential election between 2000 and 2016.
Presidential results by legislative district
The following table details results of the 2012 and 2016 presidential elections by state House districts in West Virginia. Click [show] to expand the table. The "Obama," "Romney," "Clinton," and "Trump" columns describe the percent of the vote each presidential candidate received in the district. The "2012 Margin" and "2016 Margin" columns describe the margin of victory between the two presidential candidates in those years. Data on the results of the 2012 and 2016 presidential elections broken down by state legislative districts was compiled by Daily Kos.[9][10]
| In 2012, Barack Obama (D) won four out of 67 state House districts in West Virginia with an average margin of victory of 13.9 points. In 2016, Hillary Clinton (D) won one out of 67 state House districts in West Virginia with an average margin of victory of 34.4 points. |
| In 2012, Mitt Romney (R) won 63 out of 67 state House districts in West Virginia with an average margin of victory of 31.9 points. In 2016, Donald Trump (R) won 66 out of 67 state House districts in West Virginia with an average margin of victory of 46.8 points. |
| 2016 presidential results by state House district | |||||||
|---|---|---|---|---|---|---|---|
| District | Obama | Romney | 2012 Margin | Clinton | Trump | 2016 Margin | |
| 1 | 38.66% | 59.24% | R+20.6 | 25.73% | 70.07% | R+44.3 | |
| 2 | 43.53% | 53.67% | R+10.1 | 26.82% | 68.57% | R+41.8 | |
| 3 | 38.13% | 59.95% | R+21.8 | 31.23% | 61.44% | R+30.2 | |
| 4 | 34.84% | 62.82% | R+28 | 22.30% | 72.79% | R+50.5 | |
| 5 | 37.10% | 59.96% | R+22.9 | 21.34% | 72.50% | R+51.2 | |
| 6 | 24.34% | 73.40% | R+49.1 | 13.41% | 82.40% | R+69 | |
| 7 | 25.92% | 71.64% | R+45.7 | 15.48% | 79.75% | R+64.3 | |
| 8 | 31.00% | 67.36% | R+36.4 | 22.69% | 72.65% | R+50 | |
| 9 | 28.50% | 69.28% | R+40.8 | 16.29% | 79.48% | R+63.2 | |
| 10 | 35.08% | 63.29% | R+28.2 | 25.67% | 68.91% | R+43.2 | |
| 11 | 35.37% | 62.24% | R+26.9 | 21.70% | 73.73% | R+52 | |
| 12 | 32.85% | 64.70% | R+31.8 | 20.88% | 74.86% | R+54 | |
| 13 | 37.29% | 60.44% | R+23.2 | 22.25% | 73.24% | R+51 | |
| 14 | 36.92% | 60.40% | R+23.5 | 21.70% | 74.02% | R+52.3 | |
| 15 | 27.42% | 71.38% | R+44 | 24.68% | 70.30% | R+45.6 | |
| 16 | 45.42% | 52.58% | R+7.2 | 36.10% | 58.50% | R+22.4 | |
| 17 | 41.90% | 56.20% | R+14.3 | 36.22% | 57.71% | R+21.5 | |
| 18 | 33.21% | 65.14% | R+31.9 | 25.32% | 70.41% | R+45.1 | |
| 19 | 34.79% | 62.73% | R+27.9 | 20.73% | 75.06% | R+54.3 | |
| 20 | 28.25% | 69.59% | R+41.3 | 15.85% | 81.80% | R+66 | |
| 21 | 23.29% | 74.37% | R+51.1 | 11.15% | 86.60% | R+75.4 | |
| 22 | 30.74% | 66.68% | R+35.9 | 20.35% | 75.36% | R+55 | |
| 23 | 34.16% | 63.17% | R+29 | 21.99% | 73.31% | R+51.3 | |
| 24 | 28.83% | 68.78% | R+40 | 17.02% | 79.79% | R+62.8 | |
| 25 | 21.56% | 76.17% | R+54.6 | 14.28% | 82.66% | R+68.4 | |
| 26 | 35.91% | 62.18% | R+26.3 | 26.16% | 71.47% | R+45.3 | |
| 27 | 25.92% | 72.27% | R+46.4 | 21.03% | 75.08% | R+54.1 | |
| 28 | 26.07% | 71.78% | R+45.7 | 19.24% | 76.85% | R+57.6 | |
| 29 | 25.31% | 72.92% | R+47.6 | 18.95% | 77.36% | R+58.4 | |
| 30 | 39.04% | 59.30% | R+20.3 | 35.16% | 60.01% | R+24.9 | |
| 31 | 21.85% | 76.00% | R+54.1 | 15.19% | 81.82% | R+66.6 | |
| 32 | 36.36% | 61.52% | R+25.2 | 26.42% | 69.21% | R+42.8 | |
| 33 | 33.20% | 63.50% | R+30.3 | 18.96% | 76.87% | R+57.9 | |
| 34 | 41.41% | 56.61% | R+15.2 | 25.67% | 69.81% | R+44.1 | |
| 35 | 44.95% | 53.41% | R+8.5 | 41.19% | 53.74% | R+12.6 | |
| 36 | 43.56% | 54.69% | R+11.1 | 36.13% | 59.51% | R+23.4 | |
| 37 | 71.16% | 27.03% | D+44.1 | 64.48% | 30.08% | D+34.4 | |
| 38 | 33.64% | 64.92% | R+31.3 | 28.33% | 66.88% | R+38.6 | |
| 39 | 29.70% | 68.75% | R+39 | 23.71% | 72.37% | R+48.7 | |
| 40 | 28.91% | 69.53% | R+40.6 | 21.21% | 74.29% | R+53.1 | |
| 41 | 28.54% | 69.10% | R+40.6 | 18.43% | 77.35% | R+58.9 | |
| 42 | 36.07% | 61.44% | R+25.4 | 26.74% | 67.94% | R+41.2 | |
| 43 | 35.02% | 62.41% | R+27.4 | 25.26% | 69.66% | R+44.4 | |
| 44 | 32.49% | 64.18% | R+31.7 | 18.98% | 77.03% | R+58.1 | |
| 45 | 27.22% | 70.71% | R+43.5 | 20.32% | 74.67% | R+54.4 | |
| 46 | 27.10% | 70.21% | R+43.1 | 19.26% | 76.24% | R+57 | |
| 47 | 29.72% | 67.43% | R+37.7 | 19.50% | 75.68% | R+56.2 | |
| 48 | 37.03% | 60.90% | R+23.9 | 27.38% | 67.16% | R+39.8 | |
| 49 | 33.62% | 64.28% | R+30.7 | 23.59% | 71.48% | R+47.9 | |
| 50 | 41.91% | 55.61% | R+13.7 | 30.56% | 63.37% | R+32.8 | |
| 51 | 44.28% | 53.14% | R+8.9 | 41.29% | 50.56% | R+9.3 | |
| 52 | 28.11% | 69.35% | R+41.2 | 21.26% | 73.45% | R+52.2 | |
| 53 | 25.80% | 70.92% | R+45.1 | 19.48% | 75.52% | R+56 | |
| 54 | 17.22% | 80.84% | R+63.6 | 11.20% | 86.53% | R+75.3 | |
| 55 | 31.26% | 66.11% | R+34.8 | 22.04% | 74.29% | R+52.3 | |
| 56 | 28.78% | 68.67% | R+39.9 | 19.74% | 76.02% | R+56.3 | |
| 57 | 28.38% | 69.28% | R+40.9 | 18.00% | 78.03% | R+60 | |
| 58 | 31.07% | 66.90% | R+35.8 | 19.51% | 76.36% | R+56.9 | |
| 59 | 33.93% | 64.29% | R+30.4 | 23.17% | 72.02% | R+48.8 | |
| 60 | 31.11% | 66.98% | R+35.9 | 22.28% | 72.32% | R+50 | |
| 61 | 51.56% | 46.41% | D+5.2 | 42.57% | 51.91% | R+9.3 | |
| 62 | 35.57% | 62.29% | R+26.7 | 26.07% | 68.69% | R+42.6 | |
| 63 | 43.32% | 54.43% | R+11.1 | 34.17% | 60.32% | R+26.1 | |
| 64 | 34.54% | 63.40% | R+28.9 | 24.45% | 70.26% | R+45.8 | |
| 65 | 49.54% | 48.66% | D+0.9 | 40.64% | 52.92% | R+12.3 | |
| 66 | 39.60% | 58.18% | R+18.6 | 31.14% | 63.51% | R+32.4 | |
| 67 | 51.50% | 46.02% | D+5.5 | 45.92% | 48.19% | R+2.3 | |
| Total | 35.54% | 62.30% | R+26.8 | 26.48% | 68.63% | R+42.2 | |
| Source: Daily Kos | |||||||
See also
External links
Footnotes
- ↑ The Intelligencer, "Court of Appeals To Be Evaluated for Impeachment," June 23, 2018
- ↑ Office of the Governor, "Gov. Justice issues proclamation calling for special session of Legislature on Tuesday, June 26, 2018," June 25, 2018
- ↑ Metro News, "Justice Ketchum steps away from the Supreme Court," July 11, 2018
- ↑ WOWKTV.com, "Special Election announced to fill WV Supreme Court Seat," August 14, 2018
- ↑ West Virginia Judiciary, "Supreme Court of Appeals, About the Court," accessed May 3, 2016
- ↑ West Virginia Judiciary, "Lower Courts, Supreme Court of Appeals," accessed May 3, 2016
- ↑ 7.0 7.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedsup - ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ Daily Kos, "Daily Kos Elections' statewide election results by congressional and legislative districts," July 9, 2013
- ↑ Daily Kos, "Daily Kos Elections' 2016 presidential results for congressional and legislative districts," February 6, 2017
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Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts • West Virginia Municipal Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
