Bastress Seeks To Improve West Virginia Supreme Court

By JOSELYN KING
WHEELING — West Virginia University law professor Bob Bastress doesn’t think the state Supreme Court is “as accessible or as good” as it was 10 years ago.

He said he is seeking a seat on the court this year to bring back the luster and respect he feels the court has lost.

“Part of my decision to run is based on my concerns about the current board,” Bastress said. “It’s not as accessible or as good as it was in the past.

“Its reputation has taken a hit in recent years, and I believe the people with ability should step forward.”

He pointed out that the court has taken fewer cases up for review in recent months. “And not the ones they should have,” Bastress said.

“The number of their signed opinions is way down,” he noted. “The court lacks the luster is had 10 to 12 years ago. It had better judgment when (former justices) Tom Miller and Frank Cleckley were on the board.”

Cleckley, also a WVU law professor, serves as Bastress’ campaign treasurer.

Bastress has taught law at WVU for 30 years, specializing in constitution and labor and employment law. Prior to joining academia, he was involved with a legal aid office in Kentucky.

Bastress said he continues to lobby the West Virginia Legislature on issues to make the courts more accessible to the poor in the state. In addition, he said he offers his services as an “active litigator” without charge on important legal issues in his field of expertise.

Bastress is candid in explaining his political mindset.

“If I were in the Legislature, I would be among those with the most liberal voting records,” he said. “But I’m not running for the Legislature.”

He estimates that about 98 percent of the cases justices review involve a “straight forward look at the law — not ideology.”

“You can make arguments as to how the law can be interpreted,” he said. “You also bring your own values to the table. You can’t avoid this, but you can minimize the effect. Sometimes a judge’s ruling comes down to values and judgment.”

Most recently, Bastress called for an investigation into the relationship between current Justice Elliott “Spike” Maynard and Don Blankenship, chief executive officer of Massey Energy. Massey has multiple cases currently before the court, and pictures have surfaced of Maynard and Blankenship vacationing together in Monaco.

Maynard has since recused himself from Massey cases, but Bastress still questions the perception of a judge vacationing with a plaintiff.

“This trick showed a serious lack of judgment,” he said. “So much was at stake in the case, and an independent investigation is needed.

There are two state Supreme Court seats up for election in 2008. Among the Democratic candidates are Bastress, Maynard, Margaret Workman and Menis Ketchum. Republican Beth Walker also has filed in the race.