CHARLESTON – Brent Benjamin says he is leaving the state Supreme Court better than it was when he joined it.
Benjamin, whose 12-year term ended Jan. 1, also is eager to see what the future holds for him.
“When I ran in 2004, I ran because I felt the court was in need of predictability and stability,” he said. “There was a perception that the court wasn’t always fair. As I leave the court, I think I’m leaving a court that is strong, predictable and fair. That’s probably, for me, the best thing that I take from my 12 years on the bench.
“Of course, it wasn’t just me. It’s just been a great deal of fun working with a lot of wonderful, smart people. That is probably the biggest thing I look back on. We have a very collegial court. We didn’t always have that.”
Benjamin was elected in 2004, defeating incumbent Warren McGraw. He lost earlier this year in the state’s first non-partisan Supreme Court election to Beth Walker.
He said he’s most proud of some programs he created and helped launch. He mentioned the Drug Court Program, the Access To Justice Commission, the domestic violence database, the Business Court Docket, the child abuse and neglect database and the mental health registry.
“To watch them begin and struggle and watch them blossom has been very gratifying,” Benjamin said. “And to know they’ll continue on is a really nice thing. These programs have helped save the state a lot of money and, more importantly, restore families and lives.
“It’s been a wonderful opportunity for 12 years to serve. I have a lot of wonderful memories.”
Benjamin said he’s always believed justice is “a very individual thing.”
“It’s important to get out and listen as much as you can,” he said. “When you just stay at the state Capitol, the only ones you hear are the trade organizations, the civic organizations, people like that. It’s not every day West Virginia citizens.”
He also said working on cases involving children were the most difficult for him.
“The things that were hard sometimes were dealing with abuse and neglect cases,” he said. “We often have to make tough decisions regarding children. If you don’t think about that and take it home with you, you aren’t much of a judge. We do what we have to do to protect children. Every good judge does. And those are tough.”
He also said watching the state’s drug problem grow has been tough.
“Seeing the impact the drug epidemic has had on the state … people, families, economically,” Benjamin said. “Seeing that personal pull has not always been a good thing to see. But it’s been wonderful to see that people are stepping up to do things.
“It’s also never easy when you’re dealing with cases involving discipline members of the bar. That’s never easy, but it has to be done.”
But not all of the work was gloom and doom, he said.
“There are wonderful things with the job,” Benjamin said. “You get to marry people. That’s always nice. But there is a side of the job people don’t really see, the sides of society that we don’t always want to see.”
Benjamin said he isn’t ready to talk about his plans for life after the Supreme Court.
“When I ran for this job, I was practicing law and very much enjoying it,” he said. “I deeply miss the practice of law. I love working with people, with students. I deeply care about the justice system of West Virginia.
“It’s been fun listening to people approach me the last few months. But I have decided to wait until January to talk about anything like that. From a personal standpoint, I felt more comfortable off the bench talking about that.”
He said he can see himself practicing law again, possibly some public service work and maybe even teaching. But he mostly wants to spend time with his family, especially his grandchildren.
“Once service is in your blood, it stays there,” Benjamin said. “I’ve had a wonderful time teaching law students, there might be some of that in my future.”
Benjamin said he has been honored to be part of the West Virginia judicial system.
“Our judicial system is one of the finest – if not the finest – in the country,” he said. “We have outstanding judges here, that’s from the Supreme Court to circuit judges, family court judges and magistrates. The law enforcement folks, too, as well as legislative leaders and the governors I’ve worked with.
“We have a very strong justice system now, and it’s one West Virginians can be proud of. It’s one of the most efficient in the country, and one of the most highly regarded.
“Our Court Clerk (Rory Perry) is considered one of the tops among his peers. And Court Administrator Steve Canterbury has been recognized by his peers as the incoming president of the Conference of State Court Administrators Court Administrators Association. It’s been wonderful serving with these folks. We don’t give enough credit to the all of the administrative folks involved in the justice system. I’m very proud of it.”
