Attorney Beth Walker is preparing to announce that she will seek a seat on the West Virginia Supreme Court held by Justice Brent Benjamin, who’s seeking re-election, a column in the WV MetroNews reports.
Walker unsuccessfully sought election in 2008 as a Republican, and Justice Benjamin is a Republican, but judicial elections in West Virginia will be non-partisan starting next year. Walker’s announcement would represent a “substantial challenge” to the incumbent, Hoppy Kercheval writes in the column, but the trial attorneys belonging to the West Virginia Association for Justice have not been heard from yet.
Justice Benjamin had a role in events that preceded a landmark U.S. Supreme Court ruling in 2009, Caperton v. Massey, about runaway judicial election spending. The U.S. Supreme Court said Justice Benjamin could not hear a case involving a coal company whose chief executive had spent $3 million toward the judge’s election.
Citing the 14th Amendment Due Process Clause, which grants every litigant the right to an impartial trial, the high court said a “serious risk of actual bias” was created when Justice Benjamin cast the tie-breaking vote to overturn the jury’s decision in the case.