CHARLESTON – A bill that would change the rules for state judicial appointments, including a current Supreme Court vacancy, has passed the House of Delegates and headed to the state Senate.
House Bill 4785 passed the House on a 73-23 vote February 23. The bill makes a change to law regarding gubernatorial judicial appointments allowing them to stand if the unexpired term is no more than three years.
This would affect the state Supreme Court seat recently vacated by Evan Jenkins. Gov. Jim Justice soon will appoint someone to fill that position.
Jenkins
Under current law, the governor would appoint someone to serve until the general election this fall when someone would be elected to serve the rest of Jenkins’ term. Justice’s appointee or someone else could win that election.
But if passed, this bill would allow the appointee to serve until the 2024 election, when Jenkins’ seat would have been on the ballot anyway.
On February 23, the governor’s office announced that the state Judicial Vacancy Advisory Commission is now receiving applications for the Supreme Court vacancy caused by Jenkins’ resignation.
Jenkins resigned from the Supreme Court effective February 6, and he soon returned to private practice at Jenkins Fenstermaker in Huntington. Last week, he spoke during a legislative hearing on behalf of Allegheny Wood Products, a timbering company he said hired him to represent the company.
The JVAC deadline for applications and letters of recommendation is March 14. Interviews will take place March 28. This is the first time the JVAC is accepting applications electronically.