Disharmony in the Ranks

West Virginia Republicans continue to disagree over the (re-) hiring of Gary Abernathy as their party's executive director, MetroNews reports.

Melody Potter, Kanawha County's GOP chairwoman, told Talkline that her executive committee discussed the subject during a Tuesday meeting.

"She says an opinion survey among members of her Kanawha County group showed many people are not happy with the direction the state Republican Party is heading and many want (state Chairman Doug) McKinney to be replaced," MetroNews reports.

Kanawha party member Mike Stewart cited a Thursday meeting of Republicans slated for Harrison County, "focused on the future of the Republican Party in this state."

MetroNews has audio of both Stewart and Abernathy, who was asked about the ongoing controversey.

Democrats in Randolph and Pocahontas counties, meanwhile, appear at odds over the committee assigned to recommend a successor to the late Delegate Bill Proudfoot, D-Randolph.

The committe sent three names to Gov. Joe Manchin late Tuesday, The Associated Press reports: former state Sen. Mike Ross, D-Randolph; Carl "Randy" Moore; and Denise L. Campbell.

But the names were relayed only after questions were raised about the Pocahontas seats on the two-county delegate district committee.

Robert Beckwith, Randolph County's Democratic chairman, cites state law to argue that those two seats were not filled properly. He has also questioned the state party's handling of the situation.

Beckwith notes that he's raised his concerns as a party member, and not as chairman, and that his wife, Margaret, sought to make the recommendation list as a recent candidate for the 37th District seat.

The InterMountain of Elkins has covered the dispute, while also reporting on those recommended by the committee. The Charleston Daily Mail has coverage as well.

Benjamin Gets it from All Sides in Massey Case

Twenty seven former state Supreme Court justices from 19 states (including West Virginia) aren't the only ones faulting Chief Justice Brent Benjamin from refusing to quit a $50 million case involving Massey Energy Co.

As The Associated Press reports, 10 (corrected from 11) other "friend of the court" briefs have been filed at the U.S. Supreme Court by a wide array of 48 different entities.

They range from such public interest groups as Common Cause and Public Citizen to several large multinational corporations including Wal-Mart and PepsiCo.

Ten of the filings argue that Benjamin created an appearance of impropriety by staying in the case, given the more than $3 million that Massey CEO Don Blankenship spent in 2004 to help get him elected.

Even Benjamin's peers, the U.S. Conference of Chief Justices, has weighed in. While not taking sides in the appeal (the other 10 briefs are in support of petitioners Harmon Mining and Hugh Caperton), its filing cites the spectre of the huge support Blankenship provided Benjamin's campaign.

Other groups targeting Benjamin in their briefs include the American Bar Association, the League of Women Voters, several defense bar groups and the Brennan Center for Justice at NYU School of Law.

The ABA has posted several of the briefs (2/3 down the page), as has the Brennan Center on its page devoted to the pending appeal.

Redistricting Talk Starts Early

The next U.S. Census won't be taken until 2010, and the results won't likely be available for a year after that. But speculation has already started about whether or how West Virginia might use the latest population numbers to redraw its three congressional districts.

As it did in 2000, West Virginia appears likely to avoid the loss of a U.S. House seat, unlike several other states (and unlike West Virginia after the 1990 count).

Both The Charleston Gazette and the Charleston Daily Mail focus on the future of the home turf of Republican U.S. Rep. Shelley Moore Capito, the 18-county 2nd Congressional District that runs from the Kanawha Valley to the Eastern Panhandle.

W.Va. Still Expecting a Budget Surplus

The Associated Press reports that West Virginia's state government ended the first half of its budget year with nearly $75 million more than expected.

West Virginia continues to sport a potential budget surplus while 39 other states struggle with budget shortfalls this year that total $32 billion and counting.

"The severance tax on coal and natural resources is a big reason for the ample revenues," the article said. "The state is also seeing stronger than projected personal income tax collections."

MetroNews also has an item, with audio.

Former Justices Fault Benjamin in Massey Case

An array of individuals, businesses and interest groups have told the U.S. Supreme Court that West Virginia Justice Brent Benjamin created an appearance of impropriety by remaining on a case involving Massey Energy Co.

As The Associated Press reports, those filing "friend of the court" briefs in favor of the petitioners include "27 former justices from 19 state Supreme Courts... Retired state Justice Richard Neely is among them."

Health Care in West Virginia

Tom Breen, who writes about health care among other topics at The Associated Press, reports on several factors that could lead to West Virginia whittling down the ranks of its uninsured in 2009.

With a governor pledging to find coverage for all working residents and a legislative effort to devise a 'road map' for a restructured health care system kicking off in January, the battered national economy and an uncertain future have not intimidated planners," Breen reports.

About 248,000 of West Virginia's 1.8 million people are uninsured, "although that number fluctuates," the article said. Breen spoke to Perry Bryant, executive director of West Virginians For Affordable Health Care, who "believes that number can be reduced with a relatively modest expenditure of state dollars, which will be a key selling point for lawmakers watching other state budgets struggle with deficits."

W.Va. Staying the Course with its Investments

The Associated Press reports that "Managers of West Virginia's main investments are hoping the worst is over after the global financial crisis erased about $2.6 billion from the state's portfolio since June."

The state Investment Management Board believes December could have actually ended on a positive note, after a string of sometimes devastating losses in prior months.

All told, IMB officials say "it's too early to revisit the 7.5 percent assumed interest rate" for the state's portfolio, the article said. "Sticking with that projected return means the state must eventually offset the multibillion-dollar losses, and then some. To reach a 7.5 percent return this budget year, for instance, would require gains exceeding $768 million by June 30, 2009."

Analysts says public pension plans may have to "avoid retroactive benefit increases, hold off on cost-of-living hikes," audit their affordability, and perhaps even "hike required contributions from enrollees, their government employers (i.e., taxpayers) or both," AP reports.

Quote of the Day

"I know Gary, and I consider him a friend. But he should not be in that position. Going back to same old approach just isn't going to cut it. We're paying him to say we need more House and Senate seats... You think?"

-- former Delegate Chris Wakim, R-Ohio, weighing in on the re-hiring of Gary Abernathy as the West Virginia GOP's executive director. The Intelligencer of Wheeling quotes Wakim and others while reporting that some state Republicans are debating the decision.

Ross to Succeed Proudfoot?

The Charleston Gazette predicts as much. Among other factors it counts as favoring former lawmaker Mike Ross, D-Randolph, is how he edged out state Republican Sen. Clark Barnes by 457 votes in their home county while losing their November rematch in the 15th District.

The InterMountain of Elkins and the Charleston Daily Mail reported earlier on Wednesday's deadline for a multi-county district committee to recommend names to Gov. Joe Manchin for a successor to Delegate Bill Proudfoot. The Randolph County Democrat was killed in an auto accident two days before Christmas.

Manchin Expects Million-Dollar Inaugural

"Four years ago, West Virginia Gov. Joe Manchin spent $1.3 million on his inauguration," and "plans to spend more later this month for his second inauguration ceremony," The Intelligencer reports.

With private contributors footing the bill, Manchin campaign spokeswoman Sarah Payne Scarbro told the Wheeling newspaper that "we anticipate raising the same amount of money this year," though "because of price increases over the past four years, we could be spending more."

While previewing the events scheduled for Charleston, the article notes that this year's plans do not include the regional inaugural ceremonies held in 2005 in Wheeling and in the Eastern Panhandle.

"Manchin is one of 11 governors being sworn into office this month, and six of the elected governors have announced they are foregoing inaugural ceremonies as their states struggle financially," the article said. "But West Virginia remains one of several states in solid financial shape, and Manchin feels there is much to celebrate, according to Scarbro."

Ireland Exiting

Secretary of State Betty Ireland, the first woman elected to West Virginia's executive branch, is leaving office later this month and spoke to The Associated Press about her tenure.

'It's not my main deal to stand up and be the women's rights advocate,'' she said. ''I am a women's rights advocate, but that's not what pushes me forward. I am here to do the job.''

The 63-year-old "is also keeping an eye to the future," the article notes. "Besides a long-postponed vacation with her husband - ''Neither of us has had more than a week off at a time in 20 years, probably,'' she said - Ireland expects to remain involved with the state's Republican Party."

"But Ireland's first post-office task is a tough one. She must settle the affairs of her parents, whose ailing health prompted her to sit out the 2008 election cycle as she cared for them," AP reports.

Changing of the Guard

The opening weeks and months of the Obama presidency will allow for a wide array of federal appointments, including a number in West Virginia.

The new president will have the power to pick a new U.S. Attorney and U.S. Marshal for each of the state's two federal court districts. The northern district also has a judicial vacancy.

The Charleston Daily Mail offers possible names in play for some of these appointments.

Northern District: Bill Ihlenfeld Jr., Arch Riley Jr., Assistant U.S. Attorney John Parr, Ohio County Prosecuting Attorney Scott Smith, and former Randolph County prosecutor Earl Maxwell for U.S. Attorney; former federal law enforcement coordinator George Fahey, now-former Ohio County sheriff and ex-FBI agent Tom Burgoyne and retired state trooper Joe Trupo for U.S. Marshal.

Southern District: Assistant U.S. Attorney Booth Goodwin and Dwane Tinsley, a former federal prosecutor, for U.S. Attorney; Deputy U.S. Marshal John Foster, state Human Rights Commissioner and former police officer Ivin Lee, and former state Sen. Billy Wayne Bailey, D-Wyoming, for U.S. Marshal.