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Kessler: New Rules Likely

By JOSELYN KING
POSTED: September 22, 2008

It won't happen in time for the 2008 general election, but state Sen. Jeff Kessler expects legislation for the public funding of judicial elections to be introduced as soon as next year.

And Kessler, D-Marshall, chairman of the Senate Judiciary Committee, said such a bill wouldn't pertain to just West Virginia Supreme Court candidates, but also provide dollars to those seeking circuit court seats.

Money passed on to candidates could come from the state's Unclaimed Property Fund, said Kessler, who favors the public financing of elections.

"This way judges wouldn't have that perception that they are beholden to donors," Kessler said. "This is a method that is not only doable - but it might help increase public confidence that the judges they elect are not the best justices money can buy."

He noted it might be a good idea for the state to begin the public financing of campaigns with a test pilot program.

About $1 million could be set aside each year for the public financing of judicial elections, Kessler suggested. The five members of the state Supreme Court of Appeals serve 12-year terms, while the state's 100 circuit judges serve eight-year terms. He believes there would be ample money to fund the judicial elections.

"It would take justices away from what they hate most - raising money and campaigning," Kessler said.

"Their code of ethics won't allow them to take positions. Their hands are tied to begin with. This would help to eliminate the perception of the role of money in politics. I think the governor (Joe Manchin) would be supportive of something like that."

Some lawmakers also have suggested West Virginia's elections laws be changed so that judges run on a non-partisan ballot.

"I have no problem with that if the role of money is negated," said Kessler, who said Republican candidates are most likely to raise large sums of money.

Yet another idea for selecting judges in the state is to have them appointed to the bench by committee.

"I'm inclined to believe that election is the best way," Kessler said. "Judicial selection by a committee is still politics - just by a narrower group."

 
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View Comments: | 1-2 | Post a comment
theRev
09-22-08 5:16 PM
not just judges but all judicial positions.

atoddh
09-22-08 1:55 PM
A wonderful proposal by Kessler.Election of judges should be publically financed to insure unbiased decisions once on the bench.

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