Justice Launches Investigation As More Unreported COVID-19 Deaths Emerge

Gov. Jim Justice announced more unreported COVID-19 deaths at a virtual briefing Friday, and said he’s beginning a complete investigation into the problem, which the state became aware of last week.

Initially, the state realized 70 hospitals and other health providers undercounted 165 COVID-19 deaths. The state became aware of the issue after death certificates arrived at vital statistics, a process that takes several weeks.

Justice says that’s too long of a window to wait on the necessary data that health providers are responsible for providing in a timely manner.

“We are disrespecting great West Virginians, and there is no excuse for that,” he said.

Friday he confirmed another 20 deaths in an undercount, though that number could be as high as 50.

“I will absolutely get to the bottom of the ‘why,’ because there is no excuse why,” he said.

On the vaccine front, West Virginia continues to get and administer more doses than ever before.

While most people 65 and older have gotten at least one dose, the state wants to ramp up its Save Our Wisdom effort — the state’s campaign name for vaccinating West Virginia’s eldest and most vulnerable. The Joint Interagency Task Force will stand up three large-scale, permanent clinics for seniors specifically. Justice hasn’t confirmed where those will be or when they will open.

“And if that doesn’t work, we’re going to go up every holler, anywhere and everywhere we can. And we’re going to get you,” he said.

The Kanawha-Charleston Health Department opened two lines Friday specifically for seniors.

Justice has set a goal of vaccinating at least 85 percent of seniors.

Waiting for Justice

In Charleston, WV back in November 2016, William Pulliam, a 62-year-old white man, shot and killed James Means, a 15-year-old African-American boy. The case made national headlines. Reports say during his confession, Pulliam told police, “The way I look at it, that’s another piece of trash off of the street.”

Trey has met with lawyers and others grieving such a loss.  Multiple delays have pushed back Pulliam’s trial. One delay was to assess Pulliam’s mental competency, a move the Means’ family just doesn’t understand. In December 2018, Pulliam was finally declared mentally competent, and his trial is scheduled to start in early May 2019.

With so many delays, the Means family, has little confidence in the legal system.  As the trial date approaches, they’re waiting for justice.

April 13, 1870: Judge Frank Haymond Born in Marion County

Judge Frank Haymond was born in Marion County on April 13, 1870. He practiced law in Fairmont and served as judge of the Marion County Circuit Court.

In 1945, Governor Clarence Meadows appointed the 75-year-old Haymond to fill a vacancy on the state Supreme Court. Haymond was elected to the court the following year and re-elected to two more 12-year terms.

When he died in 1972 at age 102, he’d served longer on the state’s high court than any past jurist.

Haymond’s judicial philosophy emphasized past precedents, and he was strongly opposed to legislating from the bench.

In one of his final legal decisions, he sternly overruled a lower court’s opinion that had declared incarceration in the aging West Virginia Penitentiary at Moundsville to be unconstitutional because it violated the prohibition against cruel and unusual punishment. A decade later, the Supreme Court unanimously declared that imprisonment at the penitentiary was indeed unconstitutional, leading to its eventual closure.

When Judge Frank Haymond was 100, he received the American Bar Association’s prestigious ABA Medal. He’s the one and only West Virginian to receive this honor.

Overcrowded Jails Prompt W.Va. Governor to Declare State of Emergency

West Virginia Governor Jim Justice has declared a state of emergency over short-staffing at state jails. The executive order authorizes the secretary of Military Affairs and Public Safety to use the West Virginia National Guard to help staff juvenile and adult lockups until legislative and operational solutions can be developed and implemented.

Ex-West Virginia Supreme Court Justice Cleckley, 77, Dies

Franklin D. Cleckley, the West Virginia Supreme Court’s first black justice, has died at age 77, the court announced Tuesday.

The court said in a news release that Cleckley died at his Morgantown home on Monday. No cause of death was given.

A civil rights attorney, Cleckley was appointed to fill a vacancy on the Supreme Court in 1994 by then-Gov. Gaston Caperton. He spent 27 months on the court and decided not to run for election.

Born in Huntington, Cleckley earned an undergraduate degree at Anderson (Indiana) College and a law degree from Indiana University. He joined the West Virginia University law school faculty in 1969 and returned in 1996 after leaving the Supreme Court.

Cleckley wrote more than 100 majority opinions during his time on the court.

Current Justice Robin Davis was elected in 1996 to fill Cleckley’s seat and was invited by Cleckley to work alongside him in the six weeks afterward.

“He was an honorable and decent man who loved the law and loved the state of West Virginia,” Davis said. “I will miss him deeply.”

In 1990, Cleckley established a nonprofit group to give educational and employment opportunities to former convicts. Two years later a lecture series in his name was established at WVU featuring members of the civil rights and African-American communities.

“His belief in the basic principle that justice is a fundamental right for all people was manifested in his life, his teaching, his writings, and the significant body of judicial work he created in only two years on the court,” Justice Margaret Workman said. “His work will benefit generations of West Virginians.”

The court said funeral arrangements were incomplete.

Former State Legislator & Longtime Attorney, Wooton Runs for W.Va. Supreme Court

Bill Wooton is a former legislator who held office for 26 years, but has been a practicing attorney for almost 45. Now he wants to add the title of Supreme Court Justice to his name.

Wooton’s resume is a long one. Raised in Beckley, he graduated from Marshall University in 1966 and got his law degree from West Virginia University in 1971.

Wooton became a clerk for a judge on the United States Circuit Court of Appeals for the fourth circuit, then an assistant attorney general, followed by nearly 3 years as a prosecutor.

Wooton resigned from his job as prosecutor to run for the West Virginia State Legislature.

“I served in the Legislature a total of 26 years,” Wooton said, “Ended up being majority leader at one time in the House of Delegates and I served as chairman of the Judiciary Committee in the Legislature for 10 years. My service began with the 1976 election, and I was last in the Legislature in 2010.”

Wooton has also spent years in private practice, where his work continues today. But it was during his time as a lawmaker that Wooton realized being a judge was his dream.

“A friend of mine told me I acted more like a judge than a legislator. I was chairman of a committee, and in that role, you pretty well try to achieve some measure of fairness; let people have their say in favor of a measure or opposed to the measure, and you know, she said that to me, and it kind of stuck with me, and I thought, well that’s really what I’ve always wanted to do,” he explained.

Wooton is one of two candidates using the public campaign financing system to fund his judicial race. The program is only available to Supreme Court candidates who meet various requirements to receive the $500,000 in taxpayer funding. While some of his competitors are adamantly against the system, Wooton defends it.

“I think most members of the public appreciate the reason why the Legislature enacted the statute,” he noted, “It’s intended to lessen the impact of enormous sums of outside money, and I think most members of the public appreciate that. I think if you have a case that goes before the Supreme Court, you’ll feel better about it if you’re aware that no judge was elected with overwhelming financial contribution from your opponent.”

Wooton fought for his belief and his participation in the program when another Supreme Court candidate, Beth Walker, sued his campaign.

“I believe that what she did in my case was a quote, frivolous lawsuit,” he said, “I think it was a tactical effort to impede my campaign.”

Credit Wooton Campaign
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In the lawsuit, Walker’s campaign argued Wooton failed to meet certain filing deadlines and the State Election Commission erred in awarding him public money. Wooton argues the basis of her complaint was a minor technical violation.

“There’s a statute that has certain deadlines in it, and every deadline in that law I met,” he explained, “The administrative agency charged with enforcing the law, on their own, decided to put some additional deadlines in regulation, not in the law, and shame on me, I did not carefully study the regulations.”

Wooton says the regulations require candidates to file a formal request for the money within two business days of being certified by the State Election Commission as eligible for the program. He filed his on the third day. After the lawsuit against his campaign and another against fellow candidate Brent Benjamin over the regulations, Wooton expects the SEC will revisit the program guidelines.

And he says he’s also been attacked for another part of the judicial election process – partisanship.

This is the first time a judicial election has been non-partisan in West Virginia and the first time all judicial officers will be elected during the May 10 primary. Wooton says he has mixed feelings about the change. He’s concerned a candidate could be elected with less than 50 percent of the vote — because of the vote being split between five candidates.

“I don’t know what the Legislature’s intent was. I suspect that was an unintended consequence,” Wooton said, “I think the public is best served by a person elected by a majority of the voters.”

And in recent weeks, negative ads have appeared on television stations across the state claiming Wooton and fellow Supreme Court candidate Darrell McGraw are part of an “old boy network” in state government. A news release from the Wooton campaign says the ads were funded by more than $500,000 of outside money provided by a special interest group. And the end of each TV ad calling Wooton out, says it’s paid for by the Republican State Leadership Committee – Judicial Fairness Initiative.

Wooton https://vimeo.com/164430717″>responded to the negative ads with an ad of his own attacking the special interest group.

“The very people who wanted this election to be non-partisan, now are injecting partisanship into the election,” he noted.

With Primary Day on May 10 fast approaching, Wooton is hopeful he’ll win the seat. He says he’s the best choice for the Supreme Court, because public service has been a major part of his life.

“I think that the experiences and the abilities that I have, such as they may be, ideally qualify me to be a justice on the Supreme Court of Appeals,” Wooton said, “I think it’s the culmination of the sum total of my life’s work.”

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