Jan. 14, 2009
Supreme Court Opens January Term preview of 2009, John Marshall Fife and Drum Corps memorializes Judges, Attorneys Who Died
By Tony Rutherford
Adapted from a WV Supreme Court Release
Charleston, WV (HNN) -- Chief Justice Brent D. Benjamin opened the January Term of the Supreme Court of Appeals of West Virginia today by welcoming new Justices Menis Ketchum and Margaret Workman and memorializing attorneys and judges who died in 2008.
Justices Ketchum and Workman were elected to full, twelve-year terms on November 4, 2008, and took office on January 1.
To begin the ceremony, the John Marshall Fife and Drum Corps from Marshall University marched into the Supreme Court Chamber and played Hail Columbia and the The Star-Spangled Banner.
Chief Justice Benjamin said it was fitting to have the opening begin with music by a drum corps named for the nation s fourth U.S. Supreme Court Justice because John Marshall is considered the father of American judicial independence.
Chief Justice Benjamin, whose first term as Chief Justice began January 1, said of the drum corps They bring a great tradition not only to this magnificent room, but to West Virginia.
The Chief Justice then read the names and a brief summary of the lives of twenty-eight West Virginia attorneys who died in 2008. Guest speakers talked about five West Virginia judges who died during the past calendar year.
We in the judicial branch are a branch of tradition, Chief Justice Benjamin said. It is therefore important to acknowledge the contribution of attorneys and judicial officers to their profession and their communities.
Chief Justice Benjamin and the Supreme Court staff worked with the West Virginia State Bar and West Virginia University Law School to put together the list of names and accomplishments. If someone was missed, they will be acknowledged in a future session of the Supreme Court.
It is important to show our respect by memorializing them, Chief Justice Benjamin said. Unfortunately, because of limited time, the memorials to each could not be long. These are just a small number of actions in what were very rich lives.
This is the first time a Term of Court has opened in such a manner and is the first of many initiatives Chief Justice Benjamin plans for 2009. The Chief Justice talked briefly about those initiatives today.
The Supreme Court approved the Access to Justice initiative during an Administrative Conference on December 9. Working with the West Virginia State Bar, Legal Aid of West Virginia, and West Virginia s voluntary bar associations and groups, the Supreme Court will seek to identify barriers to the court system that may prevent low-income West Virginians, people with moderate means or others from having equal access to courts. A Commission will be established, and subcommittees will focus on barriers that might exist for victims of domestic violence and the elderly, and disproportionate minority contact with the courts.
It s a program I believe has long been needed in this state, Chief Justice Benjamin said today. It will be a long process. We ll take baby steps in that regard during 2009.
Also in 2009, the West Virginia court system will continue to expand the network of problem-solving courts throughout the state, often called drug courts. Chief Justice Benjamin said the programs take people whose lives are in a negative cycle and turn them into productive citizens.
As a judge, attending a drug court graduation and seeing drug-free infants who had been born to women who have gone through the programs is a moving experience.
That is a wonderful thing as a judge to be able to do, he said.
West Virginia currently has four regional adult drug courts covering several counties. Additional drug courts are expected to open this year in Cabell, Kanawha, Greenbrier, Pocahontas, Monongalia, and Preston Counties.
West Virginia also have two juvenile drug courts operating in Cabell and Wayne Counties. Family Court Judge Patricia Keller conducts the juvenile drug court in Cabell County and Juvenile Referee Christopher Dean conducts the juvenile drug court in Wayne County.
Also in 2009, the Supreme Court plans to expand the use of electronic filing, Chief Justice Benjamin said.
E-filing began in mass litigation cases on December 8, 2008. For the first time in West Virginia history, a Circuit Court Judge sitting in one county took action on a case pending in another county using electronic filing and service through LexisNexis File & Serve.
Nineteenth Circuit Judge Alan D. Moats of Taylor and Barbour Counties and Chairman of the Mass Litigation Panel entered the first electronically filed order and served it on all counsel of record in the Digitek Litigation that is pending in Kanawha County Circuit Court.
And, during 2009, the Court will begin studying the feasibility of business courts, as suggested by House Speaker Richard Thompson.
“It s going to be a wonderful year,” Chief Justice Benjamin said.
Two of the judicial memorials were in honor of jurists who haired from Huntington: Judge Dan Robinson and Judge Robert Staker.
MEMORIALS
Judge Dan C. Robinson
Senior Status Circuit Judge L.D. Egnor spoke in remembrance of Circuit Judge Dan C. Robinson, who died May 27, 2008, in Huntington, at the age of 86.
Judge Robinson was born January 30, 1922, in Pikeville, Kentucky. He was a graduate of Marshall University and the West Virginia University College of Law.
He was a World War II veteran serving in the United States Air Force.
Judge Robinson, a Barboursville resident, was elected to the bench in Cabell County in 1976 and served more than thirteen years as a Circuit Court Judge.
Judge Robinson was a well-known lawyer in the Huntington area. He practiced law with Norman Rood, Bob Ellis and Pete Shell.
Judge Egnor recalled that when he graduated from law school, his friend told him do to the right thing, and prepare for his family s future security.
He said get a government job. And he was dead serious. Fortunately, he managed to do that, Judge Egnor said.
He never made anybody mad, Judge Egnor said. His nickname was old lovable.
Judge Robinson loved tennis, golf, boating, and flying. He always made time for those things, Judge Egnor said. He was a great guy.
His favorite poem, which Judge Egnor recited, was High Flight, by John Gillespie Magee, Jr.
Judge Robert J. Staker
Former Eighteenth Family Court Circuit Judge M. Drew Crislip spoke in remembrance of U.S. District Judge Robert Staker, who died November 30, 2008, in Huntington, at the age of 83. Judge Crislip was a former law clerk for Judge Staker.
He was a husband. He was a father. He was a Mingo County native. He was a candidate for Congress. He was a wordsmith.
Judge Staker gave himself his middle initial because his parents did not, and so named himself after Andrew Jackson.
He remains the only judge I know of who has held himself in contempt, Judge Crislip said.
Judge Staker predicted that Judge Crislip would one day serve as a judicial officer. Judge Staker was my mentor throughout my career, especially during that time, Judge Crisip said.
Born in Kermit, Mingo County, on February 14, 1925, Judge Staker served in the U.S. Navy as a radioman between 1943 and 1946. He attended Marshall University and West Virginia University and earned his law degree from the West Virginia University College of Law in 1952.
Judge Staker had his own private law practice for more than a decade. He then served Mingo County first as a prosecutor and then on the circuit bench from January 1, 1969, to September 22, 1979, when he was appointed by then-President Jimmy Carter to the federal bench in the Southern District of West Virginia. He served as a Senior United States District Judge from 1995 until his retirement in 2005.
HUNTINGTON, WEST VIRGINIA ATTORNEYS WHO DIED IN 2008
DUNCAN W. DAUGHERTY
Died: March 25, 2008, at the age of 82, in Huntington, West Virginia.
WILLIAM DOUGLAS DOUG HAMILTON
Died: July 26, 2008, at the age of 61, in Huntington, West Virginia.
JOHN E. JACK JENKINS, JR.
Died: July 4, 2008, at the age of 83, in Huntington, West Virginia.
J. TIMOTHY TIM POORE
Died: November 16, 2008, at the age of 63, in Huntington, West Virginia.
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Supreme Court Opens January Term preview of 2009, John Marshall Fife and Drum Corps memorializes Judges, Attorneys Who Died
By Tony Rutherford
Adapted from a WV Supreme Court Release
Charleston, WV (HNN) -- Chief Justice Brent D. Benjamin opened the January Term of the Supreme Court of Appeals of West Virginia today by welcoming new Justices Menis Ketchum and Margaret Workman and memorializing attorneys and judges who died in 2008.
Justices Ketchum and Workman were elected to full, twelve-year terms on November 4, 2008, and took office on January 1.
To begin the ceremony, the John Marshall Fife and Drum Corps from Marshall University marched into the Supreme Court Chamber and played Hail Columbia and the The Star-Spangled Banner.
Chief Justice Benjamin said it was fitting to have the opening begin with music by a drum corps named for the nation s fourth U.S. Supreme Court Justice because John Marshall is considered the father of American judicial independence.
Chief Justice Benjamin, whose first term as Chief Justice began January 1, said of the drum corps They bring a great tradition not only to this magnificent room, but to West Virginia.
The Chief Justice then read the names and a brief summary of the lives of twenty-eight West Virginia attorneys who died in 2008. Guest speakers talked about five West Virginia judges who died during the past calendar year.
We in the judicial branch are a branch of tradition, Chief Justice Benjamin said. It is therefore important to acknowledge the contribution of attorneys and judicial officers to their profession and their communities.
Chief Justice Benjamin and the Supreme Court staff worked with the West Virginia State Bar and West Virginia University Law School to put together the list of names and accomplishments. If someone was missed, they will be acknowledged in a future session of the Supreme Court.
It is important to show our respect by memorializing them, Chief Justice Benjamin said. Unfortunately, because of limited time, the memorials to each could not be long. These are just a small number of actions in what were very rich lives.
This is the first time a Term of Court has opened in such a manner and is the first of many initiatives Chief Justice Benjamin plans for 2009. The Chief Justice talked briefly about those initiatives today.
The Supreme Court approved the Access to Justice initiative during an Administrative Conference on December 9. Working with the West Virginia State Bar, Legal Aid of West Virginia, and West Virginia s voluntary bar associations and groups, the Supreme Court will seek to identify barriers to the court system that may prevent low-income West Virginians, people with moderate means or others from having equal access to courts. A Commission will be established, and subcommittees will focus on barriers that might exist for victims of domestic violence and the elderly, and disproportionate minority contact with the courts.
It s a program I believe has long been needed in this state, Chief Justice Benjamin said today. It will be a long process. We ll take baby steps in that regard during 2009.
Also in 2009, the West Virginia court system will continue to expand the network of problem-solving courts throughout the state, often called drug courts. Chief Justice Benjamin said the programs take people whose lives are in a negative cycle and turn them into productive citizens.
As a judge, attending a drug court graduation and seeing drug-free infants who had been born to women who have gone through the programs is a moving experience.
That is a wonderful thing as a judge to be able to do, he said.
West Virginia currently has four regional adult drug courts covering several counties. Additional drug courts are expected to open this year in Cabell, Kanawha, Greenbrier, Pocahontas, Monongalia, and Preston Counties.
West Virginia also have two juvenile drug courts operating in Cabell and Wayne Counties. Family Court Judge Patricia Keller conducts the juvenile drug court in Cabell County and Juvenile Referee Christopher Dean conducts the juvenile drug court in Wayne County.
Also in 2009, the Supreme Court plans to expand the use of electronic filing, Chief Justice Benjamin said.
E-filing began in mass litigation cases on December 8, 2008. For the first time in West Virginia history, a Circuit Court Judge sitting in one county took action on a case pending in another county using electronic filing and service through LexisNexis File & Serve.
Nineteenth Circuit Judge Alan D. Moats of Taylor and Barbour Counties and Chairman of the Mass Litigation Panel entered the first electronically filed order and served it on all counsel of record in the Digitek Litigation that is pending in Kanawha County Circuit Court.
And, during 2009, the Court will begin studying the feasibility of business courts, as suggested by House Speaker Richard Thompson.
“It s going to be a wonderful year,” Chief Justice Benjamin said.
Two of the judicial memorials were in honor of jurists who haired from Huntington: Judge Dan Robinson and Judge Robert Staker.
MEMORIALS
Judge Dan C. Robinson
Senior Status Circuit Judge L.D. Egnor spoke in remembrance of Circuit Judge Dan C. Robinson, who died May 27, 2008, in Huntington, at the age of 86.
Judge Robinson was born January 30, 1922, in Pikeville, Kentucky. He was a graduate of Marshall University and the West Virginia University College of Law.
He was a World War II veteran serving in the United States Air Force.
Judge Robinson, a Barboursville resident, was elected to the bench in Cabell County in 1976 and served more than thirteen years as a Circuit Court Judge.
Judge Robinson was a well-known lawyer in the Huntington area. He practiced law with Norman Rood, Bob Ellis and Pete Shell.
Judge Egnor recalled that when he graduated from law school, his friend told him do to the right thing, and prepare for his family s future security.
He said get a government job. And he was dead serious. Fortunately, he managed to do that, Judge Egnor said.
He never made anybody mad, Judge Egnor said. His nickname was old lovable.
Judge Robinson loved tennis, golf, boating, and flying. He always made time for those things, Judge Egnor said. He was a great guy.
His favorite poem, which Judge Egnor recited, was High Flight, by John Gillespie Magee, Jr.
Judge Robert J. Staker
Former Eighteenth Family Court Circuit Judge M. Drew Crislip spoke in remembrance of U.S. District Judge Robert Staker, who died November 30, 2008, in Huntington, at the age of 83. Judge Crislip was a former law clerk for Judge Staker.
He was a husband. He was a father. He was a Mingo County native. He was a candidate for Congress. He was a wordsmith.
Judge Staker gave himself his middle initial because his parents did not, and so named himself after Andrew Jackson.
He remains the only judge I know of who has held himself in contempt, Judge Crislip said.
Judge Staker predicted that Judge Crislip would one day serve as a judicial officer. Judge Staker was my mentor throughout my career, especially during that time, Judge Crisip said.
Born in Kermit, Mingo County, on February 14, 1925, Judge Staker served in the U.S. Navy as a radioman between 1943 and 1946. He attended Marshall University and West Virginia University and earned his law degree from the West Virginia University College of Law in 1952.
Judge Staker had his own private law practice for more than a decade. He then served Mingo County first as a prosecutor and then on the circuit bench from January 1, 1969, to September 22, 1979, when he was appointed by then-President Jimmy Carter to the federal bench in the Southern District of West Virginia. He served as a Senior United States District Judge from 1995 until his retirement in 2005.
HUNTINGTON, WEST VIRGINIA ATTORNEYS WHO DIED IN 2008
DUNCAN W. DAUGHERTY
Died: March 25, 2008, at the age of 82, in Huntington, West Virginia.
WILLIAM DOUGLAS DOUG HAMILTON
Died: July 26, 2008, at the age of 61, in Huntington, West Virginia.
JOHN E. JACK JENKINS, JR.
Died: July 4, 2008, at the age of 83, in Huntington, West Virginia.
J. TIMOTHY TIM POORE
Died: November 16, 2008, at the age of 63, in Huntington, West Virginia.
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