West Virginia's method of electing judges is written into the state's constitution, and it would take a vote of the people to change it, according to state Sen. Jeff Kessler.

This week an Independent Commission on Judicial Reform was appointed by West Virginia Gov. Joe Manchin to study the state's court system and determine the best method of restoring public confidence in an independent judiciary.

One idea often suggested by legal minds is that West Virginia opt for a method by which the state's judges are appointed by a committee or the governor. But Kessler, D-Marshall, chairman of the Senate Judiciary Committee, pointed out that any suggestions by the Independent Judicial Reform Committee as to how West Virginia selects its judges ultimately will have to be enacted by a vote of the Legislature - and by a special election of the people.

"The committee may look at different models of selecting judges," Kessler said. "But the state constitution requires that we elect our judges.

"If we are going to have an appointed model, we will have to change the constitution. That would take a vote of the people, and that could take years."

The appointment of the Independent Judicial Reform Committee in West Virginia came less than a week after the U.S. Supreme Court ruled Brent Benjamin, chief justice of the West Virginia Supreme Court of Appeals, should have recused himself from a case involving Massey Energy.

This was because Don Blankenship, chief executive officer for Massey, contributed $3 million to Benjamin's campaign for the state court in 2004, and the high court ruled 5-4 that this fact helped to create a perception of bias in the West Virginia court.

"It sends a very strong signal," he said. "The role of money in the election of judges will be looked at in the future with scrutiny. It adds to my efforts to have public funding of elections and end the appearance that judges are beholden to somebody."

Kessler this year proposed legislation that would have established a pilot program to publicly fund 2012 state Supreme Court races. It was halted in the Legislature as the governor asked that any findings by the Independent Judicial Reform Committee first be considered by the Legislature.

Kessler also passed during the past two years a measure that would require 427 groups supporting a candidate or campaign to both identify themselves in any campaign-related advertising they purchase and also file papers with the West Virginia Secretary of State's Office disclosing their contributors.

A federal court, however, ruled that the new law should not pertain to advertising in non-broadcast media. The West Virginia Legislature since has been attempting to amend the passed legislation.

"If we are going to continue with our current system of electing judges, it is imperative that we require full disclosure of 427 groups," Kessler said. "If they are actively participating in the process, how will you know if they can't identify him or herself?

"I don't have any problem with somebody being engaged with government and spending their money. But I don't think it's proper that 527 groups can do so anonymously," he continued.