West Virginia Supreme Court of Appeals Story Archives - West Virginia Public Broadcasting

Darrell McGraw, Supreme Court Justice And AG, Dies

Updated Dec. 9, 2024 at 9:15 a.m. to include comments from Supreme Court Justices and Gov. Jim Justice.

In a statement Saturday afternoon, the West Virginia Democratic Party announced the passing of Darrell V. McGraw, Jr.

“As Attorney General and a Justice of the West Virginia Supreme Court, Darrell dedicated his career to protecting the rights of West Virginians, championing consumer protection, and upholding the rule of law. His legacy of service and commitment to our state will never be forgotten. We extend our heartfelt condolences to his family, friends, and all who were touched by his leadership.”

McGraw was born in Wyoming County on Nov. 8, 1936. After graduating from Pineville High School, he earned degrees from Berea Academy and West Virginia University, where he served as student body president. He also served a stint in the army.

In the 1960s, he opened a private law practice and was a legal counsel to Governor Hulett Smith and the legislature. A staunch Democrat, McGraw was elected to the state Supreme Court of Appeals in 1976, one of three liberals elected to the court that year. The outspoken justice was a lightning rod for conservative critics for court cases such as the 1978 Mandolidis decision, which expanded the rights of injured workers to sue employers.

McGraw was defeated for re-election as attorney general in 1988 but was elected state attorney general four years later. In his 20 years in that position, McGraw emphasized consumer protection and won important settlements with a direct-mail operator and against the tobacco industry.

McGraw was defeated for re-election in 2012 by Republican Patrick Morrissey. And in 2016, he was defeated in another bid for the state Supreme Court.

“Darrell McGraw devoted his life to service in West Virginia’s government through 12 years on the Supreme Court and 20 years as Attorney General. He played a key role in an entire generation of jurisprudence in the Mountain State,” said Chief Justice Tim Armstead. “We honor Justice McGraw’s legacy of service to our state and extend our deepest prayers and sympathies to his wife Jorea and their children during this difficult time.”

“Darrell McGraw’s legacy is an indelible mark on West Virginia’s legal landscape,” said Justice Bill Wooton. “His leadership was evident at an early age; he served as Student Body President at West Virginia University and devoted most of the remainder of his life to public service across all three branches of government. He was a key figure in the administration of Gov. Hulett Smith, a counsel to the Legislature, a former Justice of our Supreme Court and West Virginia’s longest-serving Attorney General. A hallmark of his public service was his love of the state of West Virginia and its people. He will be remembered by those who knew him as an inordinately kind and good man.”

“Cathy and I are saddened to learn about the passing of Darrell McGraw. We’re keeping his family in our prayers this evening and ask everyone to do the same. His lifetime of public service to the people of West Virginia will long be remembered,” Gov. Jim Justice said.

On June 15, 2023, Darrell McGraw’s brother, longtime West Virginia democratic legislator and jurist Warren McGraw, who suffered from Parkinson’s Disease, passed away at the age of 84.

PEIA Hearings Continue And A Look At The Legacy Of Marshall Memorials, This West Virginia Morning

On this West Virginia Morning, every Nov. 14, Marshall University and the Huntington community have remembered and honored the 1970 football team, and all of the 75 who perished that year in a plane crash. For more than half a century, these annual memorial events have honored revered memories, but they have also inspired a legacy of positive personal and physical growth.

Also, in this show, PEIA continues to hold hearings across the state over proposed price increases that would take effect next summer, the state Supreme Court rules on football playoffs and an Elkins residential facility for children in foster care is slated to close by the end of the year.

We also have stories on a continued fall in West Virginia’s drug overdose death rate, a pollution lawsuit ends in a hung jury and a land grant university gets an agricultural laboratory.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Court Of Appeals Rules High School Athletes Can Play Ball

Petitions were filed Tuesday in an effort to stop two lower court rulings regarding the Class A high school volleyball playoffs, which were postponed due to conflicting court orders out of circuit courts in Hardy and Taylor counties.

West Virginia student athletes can prepare to suit up and play ball.

The state Supreme Court of Appeals ruled late Tuesday that high school football championships can proceed as originally planned under the West Virginia Secondary School Activities Commission – despite two lower court rulings based on changes to playoff categories.

The rulings in Wood and Mason counties had blocked all football playoffs in the state – Tuesday’s ruling means those playoffs can move forward now.

In part, the Court said Tuesday that the SSAC had the authority to reclassify the teams based on school size. The creation of a fourth athletic class, Class AAAA, over the summer triggered a reclassification of schools in most sports.

Marion, Monongalia County Survivors Of Violence Can Now Seek Justice Remotely

For many survivors, testifying publicly about experiences of violence can be intimidating and overwhelming. A program expansion in West Virginia aims to address that.

For many survivors, testifying publicly about experiences of violence can be intimidating and overwhelming, according to the national nonprofit Rape, Abuse & Incest National Network.

A program that aims to remove barriers to reporting sexual or domestic violence and seeking justice has expanded to two new counties in West Virginia.

Residents of Marion and Monongalia counties are now eligible to participate in the state’s Remote Domestic Violence and Sexual Assault Program, the West Virginia Supreme Court of Appeals announced in a press release Monday.

The program allows survivors to file petitions and participate in hearings remotely from local violence prevention nonprofits.

Monongalia County residents will be able to participate in trial proceedings remotely from the Rape and Domestic Violence Information Center in Morgantown, and Marion County residents can participate from Fairmont’s HOPE, Inc.

“This program allows us to make our court system more accessible by allowing West Virginians to seek the protection of the courts in a safe and less intimidating setting,” Chief Justice Tim Armstead said in Monday’s press release. “At the same time, those accused of domestic violence, stalking, rape or dating violence still have the right to face their accusers through remote technology.”

The program is funded by the West Virginia Division of Justice and Community Services, as well as the West Virginia Foundation for Rape Information and Services.

The admission of two new counties to the program brings the total number of participating counties to 11. Most recently, Harrison County joined the program in August.

Armstead said the state’s supreme court aims to expand the program further.

Armstead Declares May ‘Treatment Court Month’

Tim Armstead, chief justice of the West Virginia Supreme Court of Appeals, declared May ‘Treatment Court Month’ to recognize an alternative to incarceration that addresses substance use disorder.

Substance use disorder often plays a role in crimes reviewed by West Virginia courtrooms, according to Chief Justice Tim Armstead of the West Virginia Supreme Court of Appeals.

That’s why the state offers an alternative to incarceration for nonviolent offenders with substance use disorder: treatment court.

Treatment courts allow West Virginians with substance use disorders to receive counseling and medical support, as opposed to outright incarceration.

To celebrate the work that these programs do, Armstead issued a proclamation last week declaring the month of May “Treatment Court Month” in West Virginia.

“In many cases, substance abuse and addiction play a role in criminal conduct committed by individuals who come before our courts,” Armstead said. “Treatment courts are an important tool in holding these individuals accountable for their actions while at the same time providing them the encouragement, accountability and support network they may need to overcome their addiction.”

In 2023, West Virginia had 66 different treatment courts. Armstead said these programs play an important role in improving public safety, without the financial burden tied to incarceration.

“Graduates of treatment courts can return to their families and jobs, which bolsters our economy and improves public safety,” he said. “Treatment courts also save the state thousands of dollars for each participant who is not incarcerated.”

Tim Armstead To Be Chief Justice For 2024

The West Virginia Supreme Court of Appeals voted to designate Tim Armstead as chief justice for 2024. The change is part of a yearly rotation of the position between the five justices. Armstead has 10 years left in his current term and last served as chief justice in 2020.

The West Virginia Supreme Court of Appeals voted to designate Tim Armstead as chief justice for 2024.

The change is part of a yearly rotation of the position between the five justices. Armstead has 10 years left in his current term and last served as chief justice in 2020.

Armstead will take over the position currently occupied by Justice Elizabeth Walker on Jan. 1. He said he wants to continue to make it more open to the public.

“I want to continue the work that Chief Justice Walker has done this year, in trying to open up the court and make it more accessible and more transparent,” Armstead said. “I think that’s been a very important accomplishment. And I want to continue that.”

Armstead also wants to address challenges the court faces in child abuse and neglect cases.

“In terms of our child abuse and neglect cases in our state. You know, there’s been a rise in the number of those cases,” Armstead said.

However, he said there is a declining number of attorneys with the state to handle these cases and serve as guardians for the children. He plans to work with the legislature to take steps to attract more attorneys who are willing to serve as attorneys for those children.

“We want to make sure that process works in the best interest of those children. And we’re going to take some steps this year to hopefully make that process work better,” Armstead said.