CHARLESTON – The West Virginia Record recently published an editorial titled “Judge bestows generational wealth in West Virginia” that criticized a recent opinion by the Supreme Court of Appeals of West Virginia authored by Justice Beth Walker.
The Record’s analysis missed critical context, failing to appreciate that the court actually rejected the plaintiff’s claim that the defendant-business should have been held responsible for the entire amount of the verdict, rather than the 30 percent that the jury actually apportioned it.
But that’s not why I’m here. Despite admitting that it had “no idea” what the opinion really meant, The Record concluded with a cheap shot about the infamous 2018 impeachment proceedings.
Ritchie
On that, it’s time to set the record straight.
As we now know, Justice Walker should never have been impeached in the first place. She was unjustly lumped-in with the rest of the then-justices for wrongs that either predated her tenure or were literally beyond her power to correct. She knew it and many others in the Legislature knew it, too. Despite that, a divided House of Delegates approved articles of impeachment for the entire court (except Justice Ketchum, who had stated his intent to resign). Of course, impeachment is only an accusation. Conviction, on the other hand — which includes removal from office — could only occur in the state Senate with a 2/3 vote. That would require a trial — and actual evidence.
And so, Justice Walker made her case to the Senate, as our Constitution provides. She focused not only on her record, but her vision for a reformed, more accountable state judiciary. The best evidence of all was from Justice Walker herself, in testimony that was streamed live for all to see and hear. And at the end of the trial, she was vindicated by a nearly unanimous, bipartisan vote.
More remarkable than her courage staring down impeachment, however, has been Justice Walker’s tireless work to reform the judiciary ever since — just as she promised the Senate she would do. Elected by her colleagues unanimously to be Chief Justice in 2019, Justice Walker led the entire judiciary through substantial reforms, making the court more transparent and accountable while returning millions to the state treasury. Shortly after her term as Chief Justice ended, the legislative auditors who had so criticized the old court recognized the remarkable changes that had occurred under Chief Justice Walker’s tenure, and which would continue under incoming Chief Justice Armstead and beyond. With the new court, public confidence has been restored and the wheels of impartial justice continue to turn.
That leads me back to where I started, and The Record’s cavalier treatment of Justice Walker’s public service. It is no secret that Justice Walker reveres the rule of law above all else in performing her constitutional role. Plaintiff or defendant, rich or poor, Republican or Democrat — only the constitution and law, as written, directs the outcome. In taking her oath of office, Justice Walker swore to “support the constitution of the United States and the constitution of this state” and to “faithfully discharge the duties” of her office to the “best of her skill and judgment.”
From my view — and I dare say many others — Justice Walker has discharged her oath with principle, humility, and courage. And for that, Justice Walker deserves our thanks.
Ritchie is a lawyer in Charleston and formerly represented Justice Walker in the impeachment proceedings.
