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WEST VIRGINIA RECORD

Friday, March 29, 2024

Frank has three-part plan to instill confidence in Supreme Court if elected

State Supreme Court
Wvschero

CHARLESTON — Supreme Court candidate Robert J. Frank said he has a three-part plan he wants to enact if he is elected to the court.

Frank said while he's new to the process, he's working hard and hopefully making progress while campaigning.

"It makes it easier to campaign because of the issues involving the Supreme Court are front and center in everybody's minds," Frank said in an interview with The West Virginia Record. "People are very willing and eager to hear our take on what the issues are and how we would work to correct things. People want to know what's wrong and how to fix it."


Frank has 28 years of experience as a litigator. He said he has uniformly very good experiences with the courts he has been in front of.

"I've appeared in 17 different jurisdictions," Frank said. "I've uniformly had great relationships with opposing counsel and opposing parties and my own clients."

Frank said he started to feel like West Virginians were losing faith in the court a decade ago during the Caperton case.

"Back then, the Caperton case was being litigated and Justices Benjamin and Maynard didn't recuse themselves on a case that, frankly, they should've," Frank said. "It then went in front of the U.S. Supreme Court and Justice Kennedy issued an order in that case. It started from there. It was then that I think people started to lose confidence in their court. It was then exacerbated by this most recent issue."

Frank said the people who serve on the court serve the people of West Virginia.

"The court doesn't serve the justices," Frank said. "I think that was missing and I felt compelled to step forward. I will look out for the people of West Virginia."

Frank said West Virginia's judicial system relies on a fair, impartial and honest court.

"When people get the feeling that the court is unfair, biased and that the justices can't be trusted with what has been given to them, our system breaks down," Frank said. "We just can't have that kind of breakdown."

Frank said his breadth and depth of his experience sets him apart from the other candidates.

"I litigate some of the most complicated cases that you can litigate," Frank said.

From Constitutional claims and civil rights claims to pharmaceutical cases, estate and divorce cases and large business matters, Frank has a varied background of experience.

"I teach young doctors business structures and how to structure their personal and professional lives so that they can have success practicing medicine," Frank said. "I think all of these things, the breadth of my practice and the complicated things I've done lend themselves well to appear on the court."

Frank was also one of four names sent to Gov. Jim Justice by the Judicial Vacancy Advisory Commission for the Division 1 seat.

"I think there's a reason my peers chose to send me up to the governor," Frank said. "I have the kind of qualifications one needs to be a Supreme Court justice."

Frank's three-part plan includes accountability, accessibility and judicial restraint.

"I support the Legislature having oversight of the judicial budget," Frank said. "But, I think the court needs to do the same thing that every business and non-profit needs to do and that is to first identify all non-discretionary spending."

Frank said one needs to then identify all the additional programs, such as the drug courts, that take priority.

"You then work with the Legislature to make sure the non-discretionary spending and priority programs are funded before anything else," Frank said. "I advocate publishing the expenditures on the state auditor's website. I think that kind of openness is necessary to repair the court."

Frank said pertaining to access, he thinks the Supreme Court needs to take more days for oral arguments.

"As far as access, I don't really know this but, at least according to their own docket sheet, the court only took 41 days of argument this past year," Frank said. "Forty-one days of argument. If you told a circuit court judge or a family court judge they only heard 41 days of argument, they'd laugh at you. Our court needs to pick up the pace and allow for more people to be heard."

Frank said when it comes to judicial restraint, the court needs to quit taking sides and be less political.

"It needs to look at everything in front of them in a fair and impartial way, and only when it begins to do that consistently are people really going to have faith in the court again," Frank said.

Frank said there are many good candidates running in his division.

"The court really does belong to the of West Virginia," Frank said. "It's their choice. I really hope that they look carefully at the qualifications of each of us and decide which types of qualifications they think a justice should have. If it is a significant, deep litigation experience, I think I'm a very well-qualified candidate and I would hope for their votes."

Frank is running in Division 2, which is for former Justice Robin Jean Davis's seat. The term expires in 2024.

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