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September 20, 2005
After 250 Years, Marshall University Celebrates Namesake's Birthday; State Supreme Court Convenes for 1st Time in Huntington
by Tony Rutherford
Huntington News Network Writer
Huntington, WV (HNN) – National attention has been focused on the confirmation hearings in Washington, D.C. of prospective Chief Justice of the United States John Roberts. However, locally, Marshall University owes its name to "the Great Chief Justice" John Marshall whose decision in the 1803 Marbury v. Madison case made the Supreme Court the arbiter of the Constitution.
To celebrate Marshall's birthday, various justices of the West Virginia Supreme Court met with students, faculty and community members in a panel discussion at the Booth Experimental Theatre.
Tuesday, for the first time in its history, the West Virginia Supreme Court, which often visits various state cities for a one–day session, sits in session from 10 a.m. – 12 noon at Marshall University's Joan C. Edwards Playhouse.
The arguments will be broadcast on Marshall's educational access channel 25 and also video streamed over the Internet.
The court's argument docket includes appeals of the class action tobacco litigation, the coal severance tax, a case involving potential liability of an expert psychiatric witness for tortuous interference with parental or custodial relationships, and whether an opposing attorney can sued for negligence by the adversary when applicable standards of care are breached.
Perhaps, equally fitting for this morning session at Marshall, each of the cases involved arguments on "certified questions" from three counties. When the West Virginia Supreme Court hears and answers 'certified questions," the issues of law, generally, have not yet been ruled upon by courts in the state. Thus, the county circuit court along with attorneys for both sides asks that the Supreme Court rule on "issues of first impression" before further proceedings on the law suits.
The tobacco case implicates the Due Process Clause of the Fourteenth Amendment to the Federal Constitution, while the mining case implicates the import/export clause of the U.S. Constitution.
Intriguingly the last two cases have Cabell Count roots.
The first involves a suit on behalf of Dr. Carolyn Clark, M.D. and the aftermath of a medical malpractice suit that alleged Dr. Clark failed to appropriately diagnose and treat a woman's breast cancer resulting in her death. Although that case was "reluctantly" settled, Dr. Clark maintains (in what has also been termed a medical malpractice counter suit) that opposition council had a duty to the adversary to follow reasonable and sound legal and professional standards. The doctor maintains in her suit that the attorneys who represented the deceased woman's family had a duty to properly investigate the facts and allegations of their complaint by not interviewing certain expert witnesses whose opinions would have shown that Dr. Clark could not be liable and that the malpractice case against her was frivolous.
The final case evolves from a 1998 Cabell County Circuit Court complaint and later West Virginia Supreme Court decision involving the actions of a pregnant, unmarried mother (Anne Gilmore Conaty) to prevent the father (John Woodruff) from seeing the child whom she put up for adoption. The controversial and heralded case set guidelines for rulings involving parental rights and the interference with those rights. This case adopted a cause of action (grounds to sue) for interference with a parental or custodial relationship.
The case to be argued Tuesday, Sept. 20, 2005 asserts that an expert psychiatric witness and/or opposition attorney can be liable for their conduct (or lack thereof) in a child custody/visitation proceeding.
Although the arguments are open to the public, the court mandates that electronic devices be turn off.
On Thursday morning at 11 a.m., the MU community will be served birthday cake by Student Body Vice President Nikki Brown and MU President Stephen J. Kopp, in front of the John Marshall Statue near the Drinko Library.
