CHARLESTON –Kanawha Circuit Judge Tod Kaufman said changes in how courtrooms operate over the last few years made him realize it’s time to step aside.
Kaufman, who announced his retirement March 8, elaborated on the decision.
“I had intended on retiring before the last election,” said Kaufman, noting it was 33 years to the day since he began his first campaign for judge. “However, the caseload never abated, the pace never slowed, and, like so many other times, time simply moved on.
“Finally, the presidential election and the pandemic made clear to me that it’s time to recognize the future of the next generation of lawyers stepping in as leaders in the bar, who could be able judges. And three of my longtime colleagues – Judges (Paul) Zakaib, (Jim) Stucky and (Charles) King all passed away within the last two years.”
Kaufman, a Charleston native, was elected to the bench in the 13th Judicial Circuit (Kanawha County) in 1988 and re-elected in 1992, 2000, 2008 and 2016, serving as Chief Judge of West Virginia’s largest circuit several times. His retirement will be effective at the end of March.
Kaufman also said technology and the COVID-19 pandemic has changed courtrooms, calling it “a double-edged sword.”
“The pandemic over the last full year has driven home the paradox in judicial reform and the use of technology in the courtroom, among so many other things,” Kaufman said. “In part, the technology has made our court proceedings more accessible to people consistent with public health. Paradoxically, however, in removing unsafe obstacles like seating jurors or attending hearings, the technology has weakened the important interpersonal communication, face to face, so fundamental to protect the humanism in our court process.
“In some respects, the fixation on technology has turned more cases to being handled like transactions, such as in criminal case and child abuse cases, especially, rather than relationships between parties, lawyers and the court. In law, as in court, there is not one standardized size that fits all.”
Kaufman said his pledge and commitment to provide equal justice under law never wavered.
“I have never ignored the fact that judges, particularly state trial judges, are not fungible,” he said. “They cover the constitutional spectrum, and a particular judge’s emphasis may make a world of difference when it comes to ruling on evidence, the atmosphere of the courtroom, the tolerance for a proffered defense and the like.
“People recognize this when they appraise the quality and image of the judiciary in our own community, as I said on this date 33 years ago. I feel the same way today.”
Kaufman said he leaves his docket in strong shape.
“My present staff is exceptional, and will continue to be so,” he said. “I will always be grateful for the support the hardworking employees who have worked in the court have given me.
“To the people of Kanawha County and the citizens of our state, you have entrusted and honored me to decide cases so important to you. I will always be indebted for these years that I have had to give back to the community and have done my best with energy and commitment to the job.”
Current state Supreme Court justices wished Kaufman well in retirement.
“Judge Kaufman, like his father, Congressman Paul J. Kaufman, before him, dedicated his career to public service,” said Chief Justice Evan Jenkins. “The Kaufman family has given so much to the state of West Virginia, and the state is a better place because of their service.”
“I wish Judge Kaufman the very best in his retirement and thank him for his decades of service to our community and state,” said Justice Beth Walker. “I have always admired the compassion and empathy he shows the parties and the lawyers who appear in his court, and his deep commitment to supporting his colleagues in the judiciary.”
“I have known Judge Kaufman for many years during both his legislative and judicial careers,” said Justice Tim Armstead. “I commend him on his years of service and know that he and his wife, Barrie, will enjoy spending more time with their family.”
“I consider Tod Kaufman to be a personal and close friend. Judge Kaufman and I worked together in the West Virginia Judicial Association for nearly 25 years,” said Justice John A. Hutchison, a former Raleigh Circuit Court judge. “Tod Kaufman has always been a very good judge and has worked diligently for the West Virginia Judicial Association for all the judges in the state, including circuit judges, family court judges and magistrates, as well as dedicating his life to the citizens of West Virginia. His absence from the bench will be clearly noticed in the future."
“Judge Kaufman and I served in the Legislature together, and as an attorney I appeared before him in his courtroom,” said Justice William R. Wooton. “He was always fair and thoughtful in his rulings and kind to litigants. He is truly an outstanding public servant and Judge; he served Kanawha County well.”
Kaufman graduated cum laude from Tufts University in 1975 with a double major in English and political science. He worked as a paralegal in the Washington, D.C., law firm of Covington & Burling and received a law degree from West Virginia University College of Law in 1980. He served a clerkship on the United States Tax Court during law school before joining his late father’s Charleston law firm of Kaufman & Ratliff in 1980.
Then-Governor Jay Rockefeller appointed him to the state Senate in 1982, and he was elected in 1984. After his legislative term ended, he was elected to the bench.
Kaufman has lectured by invitation at an international law conference in Croatia (his speech in Croatia on class actions in America was published internationally); on constitutional law as a judicial scholar at Hampton-Sydney College in Virginia; at Trinity College Law School in Dublin, Ireland; and at Harvard College (on the judicial process in America, 2015).
He is a former member of the Mass Litigation Panel and Past President and Executive Officer of the West Virginia Judicial Association. He is married to artist Barrie Kaufman, and they have three grown children.