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W.Va. at DNC08

Law prof to take on justices for sale

by: Carnacki

Thu Jan 24, 2008 at 21:51:06 PM EST


Don Blankenship's Monaco vacation buddy  Elliott Maynard now has a Democratic primary challenger. WVU law professor Robert Bastress.

CHARLESTON, W.Va. (AP) _ A West Virginia University law professor launched his Supreme Court campaign Wednesday, pledging to restore integrity to the state's sole appeals bench.

Robert Bastress cited the furor over conflicts of interest that prompted the court's chief justice to remove himself from a major case involving Massey Energy Co.

"Public confidence in the courts is at a low ebb, and for good reason," Bastress told supporters after filing his candidacy papers at the state Capitol.

Recently released photos show a vacationing Chief Justice Elliott "Spike" Maynard in Monaco with the top executive of Massey Energy while the company prepared an appeal of a $76.3 million judgment against it.

The July 2006 meet-up with Don Blankenship, the coal producer's CEO, president and chairman, shows "we have a problem," Bastress said to applause.

Personally I think it's ridiculous that state supreme court justices stand for election. We saw what happened in 2004 when Blankenship bought an election to the bench with Robert Benjamin. Despite spending millions on his campaign, Benjamin, unlike Maynard, doesn't have the honor to recuse himself from the pending Massey case. Benjamin knows who bought and paid for him.

So with that upfront, I'm torn as to whether we should set up an ActBlue fundraiser account for Maynard's opponent. Do we fight fire with fire -- admittedly we don't have the millions to spend like Blankenship -- and try to raise funds or not? Please leave your thoughts in the comments.

Carnacki :: Law prof to take on justices for sale
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I like Bastress (0.00 / 0)
Bob Bastress came down to Mercer County for a Democratic Club Meeting last year, and also attended our local party Bean Dinner. He proved to be knowledgeable and easy to talk to.  Bob Bastress is the classiest candidate we have for the WV Supreme Court of Appeals, and is hands down someone who would perform as a Judge and not for corporate interests. Remember that there are 2 seats on the bench up for election, I just want to make sure he is elected to one of them.  I'm sure there will be a few more candidates on the democratic side before its over.  I think that he is an ideal candidate for a Blue America fundraiser.  I mentioned before that most folks I have talked to around here think that "Spike" Maynard is a for sure winner in the primaries and in the general election... I certainly hope not as he will have the support of Blankenship and other corporate sponsors.  Bob Bastress will need all the help he can get to be elected both financially and in the field working on his behalf.  I know I will do all I can to get him elected.

By the way, Carnacki, I totally agree with the problems of electing Judges.  If we have to vote them in then Bastress is the best choice.

Below are a couple of pictures of Bob Bastress in Mercer County one with Secretary of State candidate Natalie Tennant.

Bob Bastress and Natalie Tennant
Bob Bastress and Natalie Tennant

Bob Bastress - Judge William Sadler
Bob Bastress and Circuit Court Judge William Sadler and local Democrat


And the Beauty Is... (4.00 / 1)
Well, Justice Maynard technically has not filed for re-election. At least, that's what the Gazette is reporting this morning. Additionally, if Bastress makes it past the primary, we don't have to give money to Maynard's opponent(s). If Maynard files before Saturday, there will be four Democratic candidates on the primary ballot. The hard part would be convincing people to vote for Bastress and Workman instead of Maynard and Workman.

Bastress will make a fantastic Supreme Court Justice (4.00 / 1)
I agree wholeheartedly with wvublueguy.  I have personally always been confused about the system of electing judges, seems a contradiction.  I do, however, think that Professor Bastress would make a terrific supreme court justice.  He is extremely intelligent and would care only about getting the cases right.  He is not beholden to any corporate interests...it is this fact, however, that makes the race so difficult for him, there is no corporate money behind him.  Therefore he needs individuals and organizations that care about the state of WV supporting him.  We need someone like Professor Bastress on the court.  

Bob Bastress is the "go to guy" (4.00 / 1)
on West Virginia constitutional law.  He's married to Delegate Barbara Fleischauer and served on the state ACLU board.
Who do you think should appoint judges?

MadAnne (0.00 / 0)
A panel composed from state bar representatives, the chairmen of the state and house judicial committees, a representative from the judiciary, and lay representatives voted by the public would serve as a judical nominations commission to screen applicants with the governor signing off. Judges would serve staggered six year terms and could be re-appointed or replaced.

When a man embarks upon a crime, he is morally guilty of any other crime which may spring from it. Sherlock Holmes.

[ Parent ]
Here's the problem, my friend (0.00 / 0)
I would be okay with a compromise on the issue of electing versus selecting state Supreme Court justices. The problem is, every time (including this year) that a constitutional amendment is introduced in the Legislature, it also includes a provision to appoint circuit court judges. I am strongly in favor of electing local circuit court judges. As far as the Supreme Court, I would support making two seats appointed seats even if the appointments were set up as twelve year terms. I would stress, however, that after six years of being appointed, the justice should have to undergo a retention election. I'd love to discuss this issue with you further at some point. It's a great topic.

[ Parent ]
Maynard filed today... (4.00 / 2)
I just saw on the Secretary of State's website that Justice Maynard did indeed file for re-election today. Unless something changes before closing tomorrow, the candidates will be:

Democrats:
Bob Bastress (Monongalia County)
Menis E. Ketchum (Cabell County)
Elliott E. "Spike" Maynard (Mingo County)
Margaret Workman (Kanawha County)

Republicans:
Beth Walker (Kanawha County)

Let the games begin, everyone. We'll have to get out on the blogosphere and support Professor Bastress as a grassroots candidate. Maynard will have a lot of southern support because he's from Mingo County, and I would bet that Workman will be elected regardless. We need to get Kossacks and others out for Bastress.  


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