What’s next for W.Va. courts?

Your piece ("Buying Justice?" June 10) puts in proper perspective the many issues that have been raised by the U.S. Supreme Court's recent ruling in Caperton v. Massey. While many people want to make this issue about some individuals, your paper correctly notes that the problem is much larger than that.

West Virginia is one of only a handful of states that elects its judges through partisan elections. Candidates for our courts are routinely put in the position of raising campaign contributions from the parties and lawyers that appear before them in court. During last year's state Supreme Court elections, attorneys contributed more than $700,000 to court candidates - an amount which may or may not create a "probability of bias" under the U.S. Supreme Court's vague Caperton standard.

And in 2004, the West Virginia personal injury lawyers group, Consumers for Justice, spent millions on behalf of Justice Warren McGraw, several thousand of which came from the plaintiff in the recent case before the U.S. Supreme Court.

As a result of the U.S. Supreme Court's ruling, our state courts now face a possible flood of Caperton recusal motions which could bring our system to a grinding halt. The New York Times reported this week that some lawyers are already anticipating a "future full of motions ... that judges step aside."

This decision will undoubtedly force West Virginians to take a hard look at the future of our judiciary. We must remember that, above all else, our state needs to ensure that its judiciary is fair and impartial for everyone.

Richie Heath

Charleston

EDITOR'S NOTE: Richie Heath is executive director of West Virginia Citizens Against Lawsuit Abuse.