The Intelligencer - Women Could Rule Bench

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The Intelligencer - Women Could Rule Bench

Joselyn King

Come January there could be three women - a majority - sitting on the five-member West Virginia Supreme Court of Appeals.

It's the same court that has gained the reputation in recent decades of granting large settlements to plaintiffs, of being anti-business, and of creating the perception of West Virginia as being "tort hell."

Justice Robin Davis already is a member of the court, and two other women are seeking two seats on the bench up for election in 2008 - former Justice Margaret Workman, a Democrat, and Republican Beth Walker.

Voters this Nov. 4 will select two justices from among Workman, Walker and Democrat Menis Ketchum.

Ketchum, the male in the race, didn't immediately return requests for comment.

While there could be more female faces - at least one more - on the court, Walker isn't certain this in itself will much change the way those outside West Virginia view the state's judiciary.

"I'm not sure this will affect the way the world perceives the court, but it would put West Virginia in a positive light," she said. "I understand it's interesting to think about - but I'm not focused on gender. I'm focused on improving the court, taking the politics out and focusing on the issues."

Workman agrees it will take more than just electing women to the court to change its national perception, or that voters are any more or any less apt to vote for a female.

"I don't think the gender thing is that much of an issue anymore," she said. "I haven't researched it, but there probably have been other courts where there were three women justices. I don't think this will make or break the perception of the court.

"What we really need to do to get rid of negative perceptions of the court is to get back to arguing about issues and less about politics. I would like for people to pick up a newspaper story, read a story about the court and have it be about issues - not about somebody saying something about the court, or about the justices sticking it to each other."

Walker noted she couldn't help but cringe as current Justice Larry Starcher referred to one female attorney before the court as "window dressing."

"I am concerned about the political bickering," she said. "Should there be disagreements between the justices, newspapers and television are not the best places to play them out. There should be vigorous discussion between the justices. That's just part of the court."

What is needed on the court are justices who "don't impose their personal agendas" on court proceedings, Walker said.

"We need not just fairness, but integrity on the court," she said. "The reputation of the court is that it is perceived as not being fair. We need more discussions on how to improve the court's fairness, because the perception is out there."

Workman said she felt very encouraged coming out of the primary election - not just because she was the top vote-getter among five Democratic candidates, but because she did so without attacking her opponents.

"The one nice thing was that I never said a bad thing about anybody, and nobody said anything bad about me," Workman noted.

The Republican Walker said voters will look past both gender and party affiliation to choose the best candidate.

"I know I can make the court better," she said. "I am more convinced of that now than ever."

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