The State of W.Va.'s Courts

Two WVU political science professors have sought to shine a light on the actual workings of the Mountain State's civil justice system by highlighting available data and the lack thereof.

As The Associated Press reports, the resulting report out of the school's Institute for Public Affairs finds "a good deal of sound and fury, but few facts to support the notion that the Mountain State is a 'judicial hellhole.'"

The report appears in the latest issue of the Public Affairs Reporter.

The report culls data from the National Center for State Courts to present what available figures say about civil filings in the state. But the researchers also found that in the absence of supporting data, "business interest groups" have nonetheless portrayed West Virginia as lawsuit-happy."

"As a social scientist, what is so troubling is looking at what they do. It's a totally unscientific, self-fulfilling cycle,'' a co-author of the report told AP. "To them, we're this hellhole without them ever trying to measure whether we are.''

Those interests include the state Chamber of Commerce, which includes the state's court system among its legislative proposals pitched to The Register-Herald of Beckley.

The Charleston Gazette focused on the researchers' survey of circuit judges. "The vast majority of circuit court judges — 77 percent — responded that there had not been an 'explosion of frivolous litigation,'" the Gazette notes.

They Voted For You: Intel

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted for the Intelligence Authorization Act, which The Associated Press reports "would prohibit the CIA from using waterboarding, mock executions and other harsh interrogation methods."

Rep. Shelley Moore Capito, R-2nd, opposed the measure, which passed 222-199 with only five Republicans voting in support.

"The White House threatened to veto the measure this week in a lengthy statement, highlighting more than 11 areas of disagreement with the bill," the AP article said. "The administration particularly opposes restricting the CIA to interrogation methods approved by the military in 2006."

W.Va. Track Owner Wants to Go Private

The Journal of Martinsburg reports that the parent company of Charles Town Races & Slots has "completed one hurdle in its efforts to go private."

An overwhelming majority of Penn National Gaming Inc. shareholders "have approved the sale of the company to a team of equity investment groups," the article said.

"The deal remains to be completed pending a review of the company’s license applications by state gaming boards and racing commissions in the 15 jurisdictions within which Penn National operates," company officials told the newspaper.

"The decision to go private was not linked to the company’s recent failure to bring table games to Jefferson County," The Journal reports. It cites Penn National Vice President of Public Affairs Eric Schippers, "who acknowledged the board of directors announced its intention to sell around the same time voters in Jefferson County rejected the measure in a referendum in June."

Legislature 2008: Teachers

State education officials have approved a roster of legislative proposals topped by a teacher pay raise. The Associated Press has the details.

Focusing on easing the chronic shortage of educators in key study areas, "another solution that garnered support could involve changing policies to allow retirees to work as substitute teachers without losing retirement benefits," AP's Shaya Tayefe Mohajer reports.

The AP article notes that the wish list comes on the heels of a National Education Association report that ranked West Virginia next-to-last for teacher salaries.

They Voted For You: Energy

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., each voted for the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007.

The bill passed 86-8 after the Senate amended the House-passed legislation and "after Democrats abandoned efforts to impose billions of dollars in new taxes on the biggest oil companies, unable by one vote to overcome a Republican filibuster against the new taxes," The Associated Press reports.

But the legislation would also require automakers "to achieve an industrywide average 35 mile per gallon for cars, small trucks and SUVs over the next 13 years," AP reports. It would further "boost use of ethanol to 36 billion gallons a year by 2022, a nearly sixfold increase, and impose an array of new requirements to promote efficiency in appliances, lighting and buildings."

The House is expected to take up the Senate changes next week. "The White House issued a statement saying President Bush will sign the legislation if it reaches his desk, as is expected. Bush had promised a veto if the oil industry taxes were not removed," the AP article said.

Fight Looms over State Park Drilling

A bid to drill nearly three dozen new gas wells at Chief Logan State Park has been rejected by regulators, The Associated Press reports.

But the royalty rights leased by Cabot Oil & Gas Co. for what lies beneath the popular Logan County park likely means the fight isn't over.

The state Department of Environmental Protection denied the necessary permits for the multi-phase project.

"We believe that we have offered to the DEP the documents that clearly indicate Cabot has the right to expand its operation into Chief Logan State Park. ... Our next step is to examine the avenues of appeal that the state offers," said Tom Liberatore, vice president and Eastern Region manager for Cabot.

AP earlier reported on Cabot's proposal, and the opposition raised by Gov. Joe Manchin.

Election 2008 Roundup

• Huntington lawyer and Democrat Menis Ketchum plans a Wednesday morning press conference to announce his already-begun state Supreme Court campaign (update: The Associated Press covered the event, as did the Herald-Dispatch of Huntington);
  

• Ronald Moltere, an Eastern Panhandle town councilman, has launched his bid to succeed fellow Republican and state Sen. JohnYoder, The Journal of Martinsburg reports;

• Ted Arneault Jr., a Northern Panhandle school teacher and the son of the MTR Gaming executive, has decided not to run for the Legislature, The Intelligencer of Wheeling reports. A Democrat, Arneault had filed precandidacy papers in the House district of Majority Leader Joe DeLong, D-Hancock, who is running for secretary of state;

• 2nd District congressional candidate and state Sen. John Unger, D-Berkeley, expected to host U.S. House Majority Leader Steny Hoyer, D-Md., at the state Capitol on Tuesday. Bad weather scrubbed Hoyer's flight and the campaign event, an Unger staffer said.

• Update: The Journal also reports that Jefferson County Commissioner Rusty Morgan, a Republican, is in the running to succeed Yoder.
  

Power Line Plan Gets Some Pushback

As part of its oversight of utilities in West Virginia, the Public Service Commission asked both staff researchers and two independent consultants to weigh the multi-state power line proposal by Allegheny Energy and its subsidiary, TrailCo.

"They all came to the same conclusion: the data doesn’t justify building a new power line," Public Broadcasting reports. "They’re telling the Public Service Commission to reject the proposed power line.

The segment refers to testimony posted online in the pending petition for PSC approval.

Update: Audio of the segment is here.

The Charleston Gazette ran a series on the power line project earlier this year.

Health Care Regs Under Scrutiny in W.Va.

At least some legislators are weighing a push against the certificate of need system, West Virginia's policy "that requires doctors, hospitals and other health care providers to receive the state's permission before buying equipment or expanding services," The Associated Press reports.

They include Sen. Evan Jenkins led, D-Cabell and executive director of the West Virginia Medical Association.

"Jenkins said he's compiled a thick stack of studies that question whether requiring providers to certify need increases access, ensures quality and controls costs -- the top goals of such policies," AP reports.

The system's defenders include Health Care Authority Chairwoman Sonia Chambers, whose agency administers it.

"It serves a vital role in West Virginia. I think it continues to hold a vital role,'' AP quoted Chambers telling lawmakers. "I don't think now is the time to take away one of tools we use to stem the tide of rising costs.''

Manchin Keeps a Hand in Nurses' Strike

Gov. Joe Manchin continues his efforts to broker a settlement to the two-month-plus strike by nurses at Appalachian Regional Healthcare hospitals, and has been joined by Kentucky Gov.-elect Steve Beshear, The Register-Herald of Beckley reports.

Manchin and Beshear met with nurses and ARH officials Monday at the Capitol, though to no avail, the article said.

"Still pending is their proposal that nurses return to work under the old contract for a 90-day cooling off period while negotiations are being held," the newspaper reports. "Manchin injected a new wrinkle — that each side limit its representatives at the bargaining table to five people."

Several of the striking nurses joined in a Capitol Rotunda rally that coincided with the ongoing legislative interim meetings. Public Broadcasting has an article as well as audio.

The Register-Herald covered the rally as well, focusing on one nurse who cast the strike as "a struggle against “corporate greed,” manifested in low staffing levels and forced overtime."

GOP Convention Update

The Associated Press offers a glimpse at the breakdown of delegates who are assured a seat at the Feb. 5 state GOP presidential convention.

January voting will decide contested "at-large" seats in 31 counties.

And while Mitt Romney has the largest share of them, "about 61 percent of the guaranteed delegates have yet to commit to any campaign," AP reports. "Organizers hope such a sizable wild card will help lure the candidates personally to Charleston."

Legislature 2008: Jail Costs

In the wake of the state Supreme Court ruling on the issue, lawmakers are hearing from county and local officials about the fees charged by the state for housing inmates in regional jails.

With counties straining beneath growing jail fees, some have proposed spreading some of the burden to municipalities. But Charleston Mayor Danny Jones urged against that to a legislative oversight interim committee.

“It just doesn’t make sense. It can’t be solved by shoving it off to the cities," The Register-Herald of Beckley quotes the mayor as saying.

Supreme Court Candidate Boasts FR Haul

Huntington lawyer Menis Ketchum says a Huntington fundraiser brought in more than $250,000 last week for his 2008 state Supreme Court campaign.

A release issued by Ketchum, a Democrat, lists Manchin rainmaker Bob Shell as a sponsor of the event. Other supporters include Senate Majority Leader Truman Chafin, D-Mingo and a trial lawyer, and business owner and former lawmaker Oshel Craigo.

The Charleston Gazette's Phil Kabler notes the event while also observing that "Justice Elliott 'Spike” Maynard hosted a fundraiser Thursday in Morgantown that brought in an estimated' $100,000."

Two, 12-year terms on the five seat court are up in 2008.

Defending the Poor in W.Va.

West Virginia compensates lawyers who represent poor people accused of crimes. To control such costs, the state has pushed the counties to set up offices of full-time public defenders.

Wood County remains the largest county without such an office, continuing instead to rely on court-appointed lawyers who then bill for their services.

But as The Charleston Gazette reports, this route for providing citizens with their constitutional right to counsel is producing an additional drain.

Private investigators become a key resource for defense lawyers, helping them research and present a case. They, too, are compensated and are costing the state's Public Defender Services agency about $500,000 a year, the Gazette reports.

Wood County "stands out like a sore thumb" for such costs, one legislator is quoted as saying at the ongoing interim meetings.

W.Va. GOP Convention: A Final Tally* - Updated

Today's roster lists 1,556 names, including 963 party members who filed for 610 at-large seats.

A net number of 1,203 delegates registered in time, putting the GOP within 250 names of its goal of filling 1,446 seats at the Feb. 5 presidential convention. January voting will whittle down the excess at-large filings.

Among the highlights from the final roster:

CANDIDATES

• Most legislator-delegates: Fred Thompson (12);

• Most state executive committee delegates: Mitt Romney (18);

• Most "guaranteed" at-large delegates: Ron Paul (42);

• Most county party chairs: Romney (9, according to latest available list);

• Most non-chair county committee delegates: Romney (53).
  

COUNTIES

• All but McDowell are sending delegates to the convention*;

• Nine filled their automatic berths -- Barbour, Clay, Fayette, Hancock, Harrison, Summers, Tyler, Wirt, and Wood;

• Four appear to have more county executive committee delegates than allotted spots: Berkeley, Hampshire, Nicholas and Raleigh;

• Nicholas also appears to have more than its allotted share of state executive committee delegates;

• 36 filled or exceeded their at-large delegate slots;

• Besides McDowell, only Wyoming has no at-large delegates while Brooke and Calhoun also have no state or county committee members registered.

* County party committee chairs can fill vacancies, as can the state chairman after that. Organizers are also checking the roster for errors.

They Voted For You: Energy

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted for the Creating Long-Term Energy Alternatives for the Nation Act late Thursday.

Rep. Shelley Moore Capito, R-2nd, opposed the bill, which passed 235-181. Seven Democrats voted with her, while 14 GOP members crossed party lines to support the measure.

The Associated Press described the bill as "a $21 billion tax package, much of it new taxes on oil companies," which would earmark the resulting revenue "for tax incentives for development of renewable energy sources like ethanol from grasses and wood chips and biodiesel and for energy efficiency programs and conservation."

"But the centerpiece of the bill," the AP continues, "is a requirement to boost automobile fuel economy by 40 percent to an industry average of 35 miles per gallon by 2020, the first such action since 1975."

And, besides a chilly reception expected in the Senate, AP reports that "White House Press Secretary Dana Perino called the House-passed bill 'misguided' and unacceptable, and said President Bush would veto it if the bill is not changed."

House passage of the bill follows the 11-state Energy Summit hosted by Gov. Joe Manchin in West Virginia. Manchin and other governors from energy-producing states knocked Congress for failing to move on a comprehensive energy bill -- and one that embraced the coal they provide in abundance to the nation's power plants.

Update: Public Broadcasting examines coal's role in future policy on its weekly Outlook program (airs again Sunday). The segment featured a discussion with Roger Lilly, marketing manager for Walker Machinery, and Allan Tweddle, an environmentalist and member of the state Public Energy Authority.

Update II: The Campaign to Defend America has already launched robo-calls in the 2nd District targeting "Congresswoman Shelley Capito." Alleging she "has supported the greedy energy policies of Big Oil, George Bush and Dick Cheney," the automated calls also toss in a reference to Iraq and "preparation to bomb Iran."

Capito Quits Page Board, Vents

U.S. Rep. Shelley Moore Capito, R-2nd., has resigned from House Page Board, via a letter that laments that "the problems with communication between board members that plagued the program in the past have only continued under new House leadership."

The Associated Press has the details. Capito referred to the situation last year, when "page board members said they weren't informed of sexual come-ons to former male pages by ex-Rep. Mark Foley, R-Fla.," the article said.

A second Republican, Rep. Ginny Brown-Waite of Florida, also quit the board Thursday. Reproaching the House's Democratic leaders for not learning the lessons of the Foley scandal, which happened during the GOP's watch, "The Florida congresswoman said four pages have been dismissed this year 'for serious criminal acts and for inappropriate sexual indiscretions,'" AP reported.

"A House Republican official said the criminal activity involved shoplifting. The official could not be quoted by name because he wasn't authorized to comment on the issue," the article said.

MetroNews also has an item on Capito's departure from the board.

They Voted For You: AMT

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., voted for legislation Thursday that would temporarily limit the reach of the Alternative Minimum Tax.

The Temporary Tax Relief Act of 2007 passed 88-5. But as The Associated Press reports, that bill is at odd with "House passed legislation matching the AMT fix and other tax cuts with about $80 billion in new tax revenues."

"Earlier Thursday, Senate Republicans united in stopping the Senate from moving to the House-passed bill. The vote was 48-46 against beginning debate on the House bill, 14 short of the 60 needed," the article said.

"The Finance Committee's top Republican, Charles Grassley of Iowa, said it was time for Democrats to abandon their 'PayGo obsession,' referring to the 'pay-as-you-go' principle that tax cuts or spending increases should be paid for so as not to add to the federal deficit."

But with the Senate legislation heading to the House, AP reports that "House Democratic leaders throughout the day Thursday reaffirmed their commitment to PayGo."

W.Va. GOP Exceeds Convention Delegate Target

At least for total filings: 1,478 as of the latest list posted online.

But a whopping 915 of those filings are from party members seeking the 610 at-large seats at the Feb. 5 presidential convention. The number of registered delegates assured a spot at the "Tsunami Tuesday" event is 1,173.


(Update: Though the total number of registered delegates increased since the previous posting, the number of delegates Rudy Giuliani can count on actually declined because of the influx 0f would-be at-large delegates. This increase particularly affected the number of uncommitted delegates who have no competition for their seats. Twenty-nine counties now have more at-large filings than available seats.)

The convention plan envisions 1,446 delegates. The difference appears to be more than 200 officials from the various county party committees who were guaranteed berths but who failed to register (the deadline was Nov. 30, but the updates released since then reflect the large volume of mailed-in filings that had been postmarked in time).

More than 40 state party officials also failed to claim their seats, as did three legislators. Several lawmakers actually also hold state or county committee posts, and so have multiple seats but can only fill one.

Mezz Wants Back in the Mix

Disgraced former House Education Chairman Jerry Mezzatesta, D-Hampshire, wants his old job back as a "community specialist" for the county's school system, The Charleston Gazette reports.

Mezzatesta also seeks back pay from the $60,000-a-year post as he appeals a ruling that upheld his 2005 firing, the article said.

Mezzatesta had come under scrutiny before his downfall over whether he had used his powerful legislative post to benefit his employer, Hampshire County schools. He had previously promised the state Ethics Commission he would not.

But it was his attempts to conceal his deeds that proved his undoing, as the Gazette documented in its comprehensive series, Web of Deceit.

Mezzatesta pleaded no contest to a misdemeanor stemming from the cover-up, but was found not guilty by a federal jury earlier this year on fraud and related conspiracy charges.

Mezzatesta once described himself as "hummingbird on amphetamines" to The Associated Press. That only partly explains this line from the Gazette article: "Hampshire County Circuit Judge Donald Cookman recused himself from the case following an altercation with Mezzatesta and asked the state Supreme Court of Appeals to appoint a special judge."