20 January 2009

West Virginia Inauguration Recap

jMonday's inauguration ceremony and Gov. Joe Manchin's speech enjoyed statewide coverage, from The Associated Press on down.

AP also has text of Manchin's speech, and reports on the other inaugural festivities. Others with coverage include:

The News and Sentinel of Parkersburg, meanwhile, is among those reporting that after his swearing-in, Manchin headed to Washington for Tuesday's inauguration of President-elect Barack Obama.

AP also has an item on the sole new member of West Virginia's executive branch sworn in Monday: Secretary of State Natalie Tennant, who completes the Democrats' sweep of the state Board of Public Works.

W.Va. on TV

Several West Virginia towns that figure in the history of the 20th Century coal boom appear in a new documentary airing on BBC America, the Bluefield Daily Telegraph reports.

The American Future: A History by Simon Schama is a four part documentary that was filmed during the presidential election of 2008," the article said. "Areas such as the Town of Bramwell, Green Valley near the City of Princeton and the Town of Pocahontas, Va. were filmed along with the community of Thurmond and the New River Gorge when Schama and his crew visited the region."

The installment featuring West Virginia, "Part 3: American Fervor," airs Tuesday at 8 p.m. and 11 p.m. "
Schama explores how faith has shaped American political life," a blurb on the channel's Web site said. "For the first time in a generation it’s the Democrats who are claiming to be the party of God. In the recent Presidential election it was Barack Obama, and not John McCain, who spoke of his faith."

The Food Network, meanwhile, continues to air the episode of Diners, Drive-Ins and Dives that profiles Cabell-Wayne's Hillbilly Hot Dogs and includes a cameo by U.S. Rep. Nick Rahall, D-3rd.

19 January 2009

Watching the Manchin Inauguration

Gov. Joe Manchin will be sworn in along with the other five members of West Virginia's Board of Public Works at an outdoor Monday ceremony that begins at 1 p.m. on the Capitol's north steps.

Those offering live online coverage include:

Public Broadcasting

WCHS-TV

WSAZ-TV

WTAP-TV

The Manchin Record

As West Virginia waits for Gov. Joe Manchin to take the public oath for his second term, The Associated Press is among those weighing the changes wrought during his first four years in that office.

"During his first trip to the Capitol's south steps, for his 2005 inauguration, Manchin told West Virginians 'we must pursue a new and different course,'" the article notes. "Referring to the dome overhead, then undergoing repairs, the 61-year-old vowed also to 're-engineer our government, repair our schools, and revamp our economy.'"

AP has also compiled a list of measures that compare West Virginia then to now (or, by citing the latest available data):


JOBS
Then: 747,500 (Workforce West Virginia, December 2004)
Now: 761,000 (Workforce West Virginia, December 2008)

UNEMPLOYMENT (Seasonally adjusted)
Then: 5.0 percent (Workforce West Virginia, December 2004)
Now: 4.9 percent (Workforce West Virginia, December 2008)

BUSINESS ESTABLISHMENTS WITH EMPLOYEES (private sector)
Then: 44,219 (Workforce West Virginia, 2004)
Now: 44,840 (Workforce West Virginia, 2007)

FAMILIES IN POVERTY
Then: 14.1 percent (American Community Survey, U.S. Census, 2004)
Now: 13.0 percent (American Community Survey, U.S. Census, 2007)

PER-CAPITA INCOME
Then: $18,025 (American Community Survey, U.S. Census, 2004)
Now: $20,419 (American Community Survey, U.S. Census, 2007)

COAL MINE DEATHS
Then: 12 (U.S. Mine Safety & Health Administration, 2004)
Now: 8 (U.S. Mine Safety & Health Administration, 2008)

UNINSURED WEST VIRGINIANS
Then: 289,000 (U.S. Census estimate, 2004)
Now: 254,000 (U.S. Census estimate, 2007)

COLLEGE-GOING RATE (high school seniors)
Then: 59.3 percent (Higher Education Policy Commission, 2004)
Now: 57.5 percent (Higher Education Policy Commission, 2007)

STATE EMPLOYEES (full-time equivalent)
Then: 37,215 (2004 U.S. Census of Government Employment)
Now: 38,060 (2007 U.S. Census of Government Employment)

GENERAL REVENUE SPENDING
Then: $3.01 billion (State Budget Office, fiscal year 2004)
Now: $3.90 billion (State Budget Office, fiscal year 2009
)

AP observes that "a booming energy market has undoubtedly aided Manchin's efforts, as had solid investment returns until last year's meltdown," and that "income levels remain lower than that of most other states, but did grow at a larger rate than the national average."


The Charleston Daily Mail has a partial list of AP's benchmarks. MetroNews also looks back on Manchin's first inauguration, and the pledges he made then. With audio.

Manchin Begins 2nd Term

The Associated Press sets the stage for Monday's launch of Gov. Joe Manchin's second term.

AP's Tom Breen, meanwhile, was on hand for Sunday's ecumenical Mass meant to kick off the occasion. Manchin is the state's first Catholic governor, though the governor "made a point of noting the presence of Protestant, Jewish and Muslim leaders among the invited guests."

"Bishop Michael Bransfield, the spiritual leader of the state's Roman Catholics, reminded Gov. Joe Manchin and the hundreds of others in attendance what was happening outside the church: foreclosures, layoffs and uncertainty about the future," Breen reports.

WSAZ-TV also covered the special Mass, and has video. Those highlighting Monday's inaugural parade and swearing-in ceremony include AP, MetroNews, The Register-Herald of Beckley, and WOWK-TV. The Charleston Daily Mail focuses on the inaugural ball.

WCHS-TV will offer live streaming video of the 1 p.m. inauguration ceremony.

In advance of the inaugural events, Manchin set down with several state media to discuss his first term and his plans for the next four years. The Times-West Virginian of Fairmont and the Daily Mail (with an earlier installment here) are among those with such coverage.

Alabama AG Rallying to Massey, Benjamin

"Alabama Attorney General Troy King wants attorneys general around the country to join him in supporting West Virginia Supreme Court Chief Justice Brent Benjamin and Massey Energy in a case pending before the U.S. Supreme Court," The Charleston Gazette reports.

After a wide-ranging array of 48 different parties raised questions about Benjamin's refusal to recuse himself from the case, Massey has until Feb. 4 for "friend of the court" briefs supporting its position to be filed.

The Gazette explains that "Dan Schweitzer, a lawyer for the National Association of Attorneys General, e-mailed a memorandum on Friday morning outlining Troy's position to other attorneys general across the country."

The article quotes from the e-mail: "The amicus brief will argue that once a state has chosen its preferred method of selecting judges - whatever that method is - states should have the ability to police judicial participation through carefully constructed state recusal policies."

"In other words," the e-mail continues, "making recusal a federal issue by 'constitutionalizing' it is unnecessary and, as a practical matter, unwise."

Massey, however, has been seeking to make recusal a federal issue by "constitutionalizing" it since 2006, when it sued West Virginia's Supreme Court over its recusal rule. The federal lawsuit is pending, and sits on the U.S. District Court's inactive docket to await the outcome of the U.S. Supreme Court appeal.

Keeping Tabs on Lobbyists

The Charleston Gazette pours over the latest batch of lobbyist spending disclosures, with the latest tally including more than $25,800 spent to fete lawmakers during their September interim meetings in Harrison County.

16 January 2009

W.Va. Teachers Still Plan to Press for Raises

The signs of tightening financial times won't deter West Virginia's teacher groups from "an aggressive push on lawmakers this session for better pay and more reasonable health care costs," the Charleston Daily Mail reports.

The West Virginia Education Association "wants a multi-year pay increase of between 4 percent and 5 percent a year until the state's average education pay is competitive with other states," the article said.

The American Federation of Teachers-West Virginia " would like to see a $5,000 across-the-board pay increase next year, followed by $2,500 increases the next two years."

Each also wants a change in the breakdown of premiums divided between teachers and their school system employers, the article adds.

"Lawmakers last year approved a 3 percent raise for teachers and education workers," the article notes. "Last year also was the last of a four-year incremental pay raise schedule for educators, so some teachers saw a little more money there."

They Voted for You: Wilderness

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., helped pass the "Omnibus Public Land Management Act of 2009."

The 73-21 vote advances legislation "to set aside more than 2 million acres in nine states as protected wilderness and allow Alaska to build an airport access road through a wildlife refuge," The Associated Press reports.

The Charleston Gazette reported earlier that the huge package of public land protections in the bill include "a broad expansion of wilderness areas in the Monongahela National Forest."

One Republican opponent called the measure "a land-grab that would lock up acreage that could be used for future development such as oil and gas drilling," the AP article said.

W.Va. Hospitals Brace for Recession

The Associated Press highlights how hospitals in West Virginia and elsewhere are not immune to the grim economic times that are zapping jobs and employers from an array of other industries.

"Hospitals from California to Maine find themselves forced to cut costs as they confront tight credit, investment losses and higher costs coupled with more charity care, more unpaid hospital bills and more people deferring all but the most essential treatments," AP reports. "And they're doubly challenged to make the cuts without jeopardizing patient care."

W.Va. Tackles Prison Problem

In the wake of repeated projections of a booming prison population, Gov. Joe Manchin has appointed a special commission to supply him with answers by July 1, The Associated Press reports.

"Division of Corrections estimates show the state inmate population will grow to 8,530 by 2012," the article said. "Manchin's executive order directs the commission to identify resources that can be spent on prison diversion programs such as community-based corrections or alternative sentencing. The commission also is to determine if additional prisons are needed."

But the article also notes that "the state Supreme Court created a seven-member panel last month to determine if the court needs to reinsert itself into the correctional system debate." The court has picked a former jail official recently fired by the Manchin administration to head its effort.

15 January 2009

Remembering Marland



Former West Virginia Gov. William Casey Marland (1953-1957) made history several different ways, as Public Broadcasting notes: "a severance tax on natural resources, his stance on school integration," and "his reputation as an alcoholic" that led to the now-infamous 1965 discovery that after his term that he had ended up "driving a Chicago cab as part of a self-made rehabilitation program."

Public Broadcasting
brings that and more back to the forefront with a new documentary, "Reconstructing Bill," that will air on its Outlook program tonight at 9 p.m. and again 6 p.m. Sunday.

Public Broadcasting also offers the above five-minute preview on YouTube.

They Voted for You: Children's Health Insurance

All three of West Virginia's U.S. House members helped pass legislation Wednesday "to extend and improve the Children's Health Insurance Program."

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, voted for the "Children’s Health Insurance Program Reauthorization Act of 2009" in a 289-139 roll call.

The Associated Press reports that the bill would "expand government-sponsored insurance to 4 million more children in working families with income too high to qualify for Medicaid."

But "between 300,000 and 600,000 of the new enrollees could be non-citizen children of legal immigrants who have been in the country less than five years," AP observes, calling that a "sticking point for some Senate Republicans who also will consider a similar bill."

"Congress passed similar legislation in 2007 but it was vetoed both times by departing President George W. Bush," the article said, while Barack Obama said "he hoped the Senate acts with the 'same sense of urgency so that it can be one of the first measures I sign into law when I am president.'"

14 January 2009

79th Legislature Swears In, Elects Leaders, Recesses

Earl Ray Tomblin will continue his streak as the longest-serving Senate president in state history, and House Speaker Rick Thompson was also re-elected as the Legislature convened and voted on its top leaders Wednesday.

The House and Senate also jointly certified November's balloting returns before recessing until Feb. 11, when their 60-day session begins.

As The Associated Press reports, lawmakers are "already preparing for tight financial times," mindful of the national recession and the budget woes facing most other states.

Wednesday's smooth proceedings -- Tomblin was re-elected by acclamation, while Thompson enjoyed the backing of all House Democrats present -- contrasts what befell the Tennessee House (in a dispatch written by a former denizen of AP's Charleston statehouse bureau).

W.Va. Lawmakers Briefed on 4-Day Gov't Workweek

Legislators has received an overview of Utah's ongoing pilot project, "which last August mandated that 17,000 of its 24,000 state employees switch to four-day workweeks," The Charleston Gazette reports.

"Utah officials estimate that the reduced amount of commuting to and from work will save state employees $6 million," the article said. "The state itself expects to save $3 million from reduced utility costs for offices that are closed three days each week."

The article also said that "members of the Government Organization and Government Operations committees weren't completely convinced Tuesday that a four-day workweek would be a good idea in West Virginia."

79th Legislature Readies For Session

West Virginia's 79th Legislature plans to meet briefly Wednesday to elect leaders, and then recess until Feb. 11 and Gov. Joe Manchin's fifth State of the State address.

The Associated Press sets the stage. Both House Speaker Rick Thompson, D-Wayne, and Senate President Earl Ray Tomblin, D-Logan, have been nominated to retain those top posts. Tomblin is already the longest-serving Senate president in state history, while Thompson is headed toward a second, two-year term atop the House.

Changing the PROMISE

A new report recommends that West Virginia cap its merit-based, PROMISE college scholarship awards to $4,500 a year to arrest explosive growth in the program, The Associated Press reports.

The advisory committee assigned to assess PROMISE found evidence that its was meeting its goals, albeit modestly, of increasing the state's college-going rate and its share of degree holders.

But the report also links prior efforts to control costs, by upping academic requirements, to a drop in the percentage of lower income students reaching college.

"An unintended consequence is that lower-income recipients become ineligible at a higher rate than their middle- or upper-income counterparts," the report said.

The committee also "found more harm than good with converting the scholarships into loans for recipients who then leave the state," AP reports. "Gov. Joe Manchin had proposed that change last year, then withdrew it to await the study's results when lawmakers balked."

The report further recommends a community service component for recipients. The Charleston Gazette had earlier outlined what had been expected from the committee's report, released Tuesday to legislators. MetroNews also has an item, with audio from Higher Education Policy Commission Chairman Brian Noland.

Homelessness in West Virginia

West Virginia may have one of the lower rates of homelessness in the country, but has the highest rate of those within that population who are chronically so, a new report estimates.

The National Alliance to End Homelessness found that 48% of the state's homeless in 2007 were chronic, or "individuals with a disability who have been homeless for long periods or who experience repeated episodes of homelessness."

The report also notes the problems in collecting reliable data to estimate chronic portions of that population. West Virginia's overall homeless rate was 13 out of every 10,000 residents. Nevada had the worst per-capita rate, of 49, and Mississippi the lowest at 5 per 10,000.

MetroNews reported on the findings. "Also notable from the report is that West Virginia experienced a 58-percent increase in its homeless population during the two years of that study," its item said. "The state began the study in 2005 with only 1,522 people who qualified as homeless. Two years later that jumped to 2,409 people living in either a shelter or on the street."

13 January 2009

W.Va. Pushed to Expand Medicaid

A national health care advocacy group believes West Virginia could boost its economy by expanding its Medicaid program to cover more working parent, The Associated Press reports.

"Washington, D.C.-based Families USA released a report Monday that says expanding parents' eligibility from $6,160 in annual income for a family of three to $17,600 could generate $73 million in new federal money," the article said. "That money, in turn, could generate 1,351 new jobs, $46 million more in wages and $132 million in increased business activity as doctors, nurses and others buy goods and services."

The Charleston Gazette also covers Monday's report, noting that Manchin administration officials are reviewing it but believe it "underestimates the number of West Virginia adults who would become eligible for Medicaid under the higher income limit."

One officials suggested the move would increase annual Medicaid spending by more than $53 million, while adding 67,000 adults to its rolls.

"West Virginia children qualify for Medicaid coverage, provided their parents make $44,000 or less as part of a family of three," that article said. "But working adults across the state aren't eligible for Medicaid unless they make less than $6,160 - the seventh-lowest income threshold in the nation. The restrictive requirement hasn't been changed in more than a decade."

Fed Stimulus Could Help, Hinder W.Va. Road Fund

"The far-reaching federal stimulus plan expected from President-elect Barack Obama will likely delay any serious overhaul of West Virginia's State Road Fund," The Associated Press reports. "Lawmakers discussing state highway funding on Monday said they should wait to see just what the estimated $775 billion package might provide for Mountain State road projects."

The Manchin administration expects to ask for $2.2 billion, the price tag for "projects that would qualify for funds under the proposed terms of the stimulus," AP reports. "About $970 million of the state's total reflects road- and bridge-related projects, with $224 million of that coming from the West Virginia Turnpike."

But legislators were also reminded that they must still address the chronic funding problems of the State Road Fund, the principal source of state revenues for West Virginia's highway needs.

Others with coverage include The Charleston Gazette, MetroNews and The Register-Herald of Beckley. The latter two also quote Senate Finance Chairman Walt Helmick, D-Pocahontas, criticizing the state's decision (proposed by Gov. Joe Manchin, approved by the Legislature) to freeze a scheduled 2009 increase of state gas taxes. MetroNews has audio.

W.Va. Hospital Among Madoff Casualties

The $50 billion Ponzi scheme allegedly orchestrated by Bernard Madoff included West Virginia in its scope, The Charleston Gazette reports.

Charleston Area Medical Center lost $200,000 in the apparent scheme while its foundation is out another $800,000, the newspaper reports.

"It's an actual loss we're recording," Larry Hudson, CAMC's chief financial officer, is quoted as saying. "It's an operational loss we'll have to work with."

"A growing number of prestigious charitable foundations, international banks and individuals have acknowledged falling victim to what is alleged to be the largest financial fraud in history," the article said. "CAMC officials plan to discuss the $1 million loss when the hospital's Board of Trustees meets Jan. 28"

12 January 2009

W.Va. Rainy Day Fund Takes a $133m Hit

The Wall Street meltdown has weakened West Virginia's emergency reserves by $133 million, spurring a debate over whether or how the state should invest such funds, The Associated Press reports.

"The so-called rainy day fund had equaled about 15 percent of the state's general revenue budget in June, for one of the best savings rates in the country," AP reports. "It now contains about $448 million, or 11.5 percent of general revenue," though "that's still better than the 10 percent level advocated by bond rating agencies."

While "Senate Finance Chairman Walt Helmick said the state should never have started investing its rainy day fund," Revenue Secretary Virgil Helton "advised against immediately yanking the fund's investments, as Helmick seemed to suggest."

"That would be the easy thing to do, and the dumb thing to do," the article quotes Helton as saying. "Helton said that while the values of its holdings have dropped, it could eventually regain all but about $50 million that had been invested with such global crisis casualties as Lehman Brothers and Washington Mutual."

The Charleston Gazette also has coverage.

W.Va. Supreme Court Starts New Term Tuesday

The Associated Press previews the state Supreme Court in advance of Tuesday's start of its Spring 2009 term.

"West Virginia's legal community does not seem to expect major changes to the state Supreme Court from its two newest justices," the article said, casting Margaret Workman and Menis Ketchum as moderates likely to calm a perceived rancor at the state's top court.

"Workman and Ketchum join a five-member court that issued unanimous rulings in 77 percent of its opinions published last year. About 60 percent of those decisions were unsigned, meaning they broke no new legal ground," the article said. "But the pair also arrive amid continuing ethics allegations that have drawn national headlines since last year."

A New Prison for West Virginia?

State corrections officials tell legislators that the rising inmate population makes the need nearly unavoidable, The Register-Herald of Beckley reports.

Expecting 8,530 people sentenced to prison by 2012,
"West Virginia has space for only 5,300 prisoners, and currently, the 10-unit regional jail system is housing 1,200 convicts since there is no room for them," the article said. "A new prison would cost in the neighborhood of $200 million."

The Charleston Gazette also covered that legislative interim meeting. It notes that lawmakers were told that " changes in sentencing appear to be one factor."

"Since 2000, the number of inmates sentenced on drug charges has jumped 9.7 percent, while those convicted of property crimes has increased 5.7 percent," that article said. Five years ago, "62 percent of inmates in state prisons were violent offenders. Now, a majority of inmates are serving time for non-violent offenses."

Coal-ash Dams in W.Va.

West Virginia has at least 16 of the sort of dam that unleashed more than 1 billion gallons of wet coal ash in Tennessee when it failed last month, but they "haven't been examined by a state dam safety inspector for at least five years," The Charleston Gazette reports.

"Some of the facilities have gone more than 20 years without a government inspection," the article said, citing data released by the state Department of Environmental Protection.

The article features an online interactive map. The Gazette also follows up by reporting that "federal investigators have identified serious deficiencies in West Virginia's effort to ensure coal slurry impoundments do not break into nearby underground mines."

10 January 2009

They Voted For You: Wage Discrimination

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass "two bills to help workers, particularly women, who are victims of pay discrimination," The Associated Press reports.

"The Lilly Ledbetter Act would reverse a 2007 Supreme Court ruling that a worker must file claims of wage discrimination within 180 days of the first decision to pay that worker less, even if the person was unaware of the pay disparity," AP explains. "The Paycheck Fairness Act would close loopholes that have enabled employers to evade the 1963 law requiring equal pay for equal work."

Rep. Shelley Moore Capito, R-2nd, joined most of her fellow GOP House members in opposing both bills. The first passed 247-171, the second by 256-163.

"Republican opponents of the two measures argued that they would foster lawsuits against businesses and mainly benefit trial lawyers," AP reports. "The Ledbetter bill could reach the Senate floor as early as next week."

09 January 2009

Manchin Losing DMV Commissioner (Updated)

As Gov. Joe Manchin nears his second term with little turnover among his administration's top officials, Division of Motor Vehicles Chairman Joe Cicchirillo plans to resign at the end of the month "to pursue other interests," The Associated Press reports.

The Charleston Daily Mail also cites Friday's statement from the Department of Transportation. "Cicchirillo was appointed by Gov. Joe Manchin in 2005 to head the DMV," that article said. "Prior to that, he was ombudsman for the former West Virginia Workers' Compensation Commission and city manager for the Northern Panhandle cities of Follansbee and Weirton from 1997 to 2003."

The Charleston Gazette reported earlier that while he's announced no plans to leave, Manchin Deputy Chief of Staff Joe Martin "has asked the state Ethics Commission for a 'revolving door' exemption that would allow him to look for a new job."

Manchin Picks Ross for Proudfoot Seat

Former state Sen. Mike Ross will return to the West Virginia Legislature after Gov. Joe Manchin on Friday appointed the Randolph County Democrat to succeed the late Delegate Bill Proudfoot.

The governor said in a statement that his decision was "based upon his experience and prior service to the State of West Virginia, his ability to step into the legislative process quickly," and "his long-time friendship and knowledge of Del. Bill Proudfoot and his work."

(Update) Ross, 70, was in the state Senate until Republican Clark Barnes unseated him in 2004. Barnes won their rematch in November after Ross reported spending more than $444,000 -- more than any other 2008 legislative candidate -- on his unsuccessful comeback bid.

Proudfoot was killed in an auto accident two days before Christmas. Manchin's release said he spoke to Proudfoot's widow about Friday's appointment.

Update II: The Associated Press has an item, as does the Charleston Daily Mail and MetroNews.

W.Va. GOP Chairman Seeks End to Abernathy Dispute

West Virginia's state GOP chairman has issued a press release addressing the party members who disagree with the re-hiring of Gary Abernathy as executive director.

Dr. Doug McKinney responded after Republicans, including "roughly 10 members of the State Executive Committee," met in Salem Thursday night "to discuss the state party."

“I’m disappointed that I was not invited to join them and directly answer many of their questions,” McKinney is quoted as saying in the release. “But nevertheless, I want to invite them to join me and other Republicans across the state to turn our focus toward challenging the Democrats and winning elections in 2010 and beyond.”

Attendee Bob Adams, one of Abernathy's unsuccessful candidates during the 2008 elections, told MetroNews Talkline that the underlying effort to oust McKinney over the hire was " a Judas move, against a loyal hardworking Republican."

Adams specifically referred to a letter circulated by some party members calling for McKinney's resignation. "Adams says he was told the letter will not be released unless 30% of the state Republican Executive Committee members sign it," MetroNews reports.

While against opposing that push, Adams also said that "McKinney alone is not to blame for the state of the state Republican Party:"

There's not one person, whether it's a Congresswoman, whether it's an Executive Director, whether it's a state Chairman, who's going to make the difference in this Republican Party. It takes the Party as a whole and, frankly, the Party wasn't there for its candidates in 2008.

At least one blog has been created to air the ongoing debate, while another posted about Thursday's meeting (though it appears to refer to at least one non-party member who apparently participated).

McKinney's statement appears to have been released late Thursday, perhaps some time after the meeting ended.

W.Vians Gave More to Anti-Prop 8 Forces in Calif.

"Supporters of the ballot measure that banned gay marriage in California have filed a lawsuit seeking to block their campaign finance records from public view," The Associated Press reports.

But the campaign finance filings remain public and online for now. They show just a handful of West Virginia contributors to groups for or against the measure -- but those Mountain State residents gave $850 to anti-Prop 8 forces and just $100 to those behind it.

The sole donor to the two largest pro groups is listed as an Eastern Panhandle school teacher. Those who contibuted to anti- groups include lawyers and retirees.

The two largest pro-prop groups appear to have raised around $28.4 million, while the two biggest anti- groups amassed nearly $36 million (there are a number of additional groups listed).

The lawsuit alleges public access to the reports has "led to the harassment of donors," AP reports, and "cites a series of incidents in which those who gave money to support Proposition 8 received threatening phone calls, e-mails and postcards."

It was filed by the two largest pro- groups: Protect Marriage.com , and the National Organization for Marriage California. Their lawyer, James Bopp Jr., has also represented West Virginians for Life in their pending (and thus far largely successful) legal challenge of the state's latest stab at requiring disclosure of electioneering communications.

The West Virginia lawsuit seeks to allow those behind independent, election-time political ads from having to identify their donors and spending. The California case "asks the court to relieve the two groups and 'all similarly situated persons' from having to meet the state's campaign disclosure requirements," AP reports. "That would include having to file a final report on Proposition 8 contributions at the end of January, as well as reports for any future campaigns the groups undertake."

Turnpike Officials Talking Toll Hike

"The West Virginia Turnpike needs an extra $30 million a year in revenue to pay for nearly $240 million of long-delayed repaving and renovation," and one official calls hiking its tolls "the magic bullet that makes the problem go away immediately," The Charleston Gazette reports.

The Register-Herald of Beckley, MetroNews and the Charleston Daily Mail also have news from Thursday's meeting of the board for the Turnpike's parent agency, the Parkways, Economic Development and Tourism Authority.

Noting the hurdles required for toll rates to increase, Gov. Joe Manchin's representative on the agency board "directed Parkways general manager Greg Barr to arrange media tours in each of the counties served by the Turnpike, to let the public see how deferred maintenance has resulted in substandard conditions on many sections of the roadway," The Gazette reports.

MetroNews also has audio.

Keeping Coal Afloat

The Associated Press' Tim Huber examines whether, or for how long, the U.S. coal industry can withstand the forces wreaking havoc on much of the rest of the national economy.

"Already, mine operators have scaled back production plans for 2009, namely coking coal used for steelmill blast furnaces as manufacturing grinds to a halt," Huber reports. But some producers " locked in high prices by signing contracts for much of their 2009 production last year," while "woes in the energy and steel sector may actually benefit coal producers."

"(T)
he industry is typically not hit as hard as other sectors during recessions," the article also observes. "Figures from the U.S. Energy Information Administration show electricity demand has remained relatively flat during the last three U.S. recessions."

08 January 2009

Byrd Marks Half-Century in the Senate (Updated)

It was 50 years ago Wednesday that Robert C. Byrd, D-W.Va., joined the U.S. Senate, starting a tenure that has made him history's longest-serving member of that body.

MetroNews is among those reporting on the speeches from colleagues that helped highlight the 91-year-old's latest milestone.

Update: The Associated Press noted that during this week swearing-in of the 111th Congress, Byrd "celebrated with customary eloquence a half-century of service in the Senate":

He said he's loved every minute of serving in a chamber he called the "morning and evening star in the American constitutional constellation."
"I look forward — yes, I look forward — to the next 50 years," he finished. "Amen. Amen!"

A separate article from AP captured the scene more wistfully, describing the Senate as "nearly deserted," and Byrd as speaking "from a wheelchair, his hair white, his voice often faltering."

Berger, Rose Recommended for Federal Bench

West Virginia's Democratic U.S. senators have advised President-elect Obama to appoint Kanawha Circuit Judge Irene Berger and Ned Rose, a former state official and party stalwart, as U.S. district judges.

The Charleston Gazette reports that Sens. Robert C. Byrd and Jay Rockefeller have recommended the pair to vacancies in each of the state's federal court districts.

In the southern district that includes Charleston, "Berger would replace U.S. District Judge David A. Faber, who assumed senior status, a sort of semi-retirement, on Dec. 31," the article said. In the north,"Rose would replace U.S. District Judge Craig W. Broadwater, who died in December 2006."

The Charleston Daily Mail focuses on how the new Congress spells the end of bid by a GOP nominee, William J. "Bill" Powell, for the northern slot.

(Note: headline changed from "nominated to," as that may not be the correct term.)

07 January 2009

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.

06 January 2009

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."

05 January 2009

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.

04 January 2009

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.

30 December 2008

The Elusive Goal of Mine Safety in W.Va.

The Associated Press reports that "faced with a turnover rate topping 20 percent, the state is scrambling — for the second consecutive year — to perform five mandatory annual inspections at each of the state's 230 coal mines."

Director Ron Wooten tells AP that his Office of Miners' Health, Safety and Training is pursuing inspections through overtime and other means: "inspectors no longer help with mine rescue team contests nor, as of December, are they presenting fatal accident reports to the Board of Coal Mine Health and Safety. The latter change allows inspectors to visit more mines."

The article notes the disparity in pay between state and federal inspectors. It observes further that "fatal accidents also have decreased to eight this year, down from 10 in 2007, according to the agency's Web site. Injuries increased slightly from 936 in 2007 to 970 as of last week."

"The situation raises questions about Gov. Joe Manchin's pledge to make the state's coal operations the safest in the nation after 14 miners died in two high-profile January 2006 accidents," the article said, adding that the coal industry "argues it's time to change the state's role."

The AP report comes on the heels of a record $4.2 million in penalties leveled at a subsidiary of Massey Energy Co. over the January 2006 fire that killed two miners in Logan County.

Aracoma Coal Co. also agreed to plead guilty to 10 criminal charges, including one felony, under an agreement reached with federal prosecutors.

AP, The Charleston Gazette, the Charleston Daily Mail and Public Broadcasting (with audio) are among those with coverage of the federal case.

Workman Ready to Rejoin Supreme Court

Once and future Justice Margaret Workman was sworn in at a Monday robing ceremony in advance of her latest term on West Virginia's Supreme Court, which begins with the New Year.

Workman became the first woman elected to statewide office in the Mountain State, with her election to the court in 1988. After a nearly 10-year absence, Workman is poised to alter the complexion of the five-member bench along with fellow incoming Justice Menis Ketchum. Her fellow Democrat and winner on Nov. 4 was sworn in earlier this month.

The Associated Press covered Monday's ceremony, as did MetroNews.

24 December 2008

William D. Proudfoot, 1940-2008

Just elected to his tenth term last month, Delegate Bill Proudfoot, D-Randolph, was killed in a Tuesday automobile accident, The Associated Press reports.

The farmer and retired school administrator was most recently vice-chairman of the House Judiciary Committee. He previously chaired Natural Resources and Political Subdivisions.

"State Police said Proudfoot lost control of his Ford F-250 and was ejected when the pickup overturned," AP reported. "Several family members who were passengers in the truck were injured."

22 December 2008

W.Va. to Pay $500k to Settle Pinecrest Case

The state's insurer has agreed to pay $500,000 to "11 people testing positive for tuberculosis while either working at or visiting Pinecrest Hospital, or treated there as a patient," The Register-Herald of Beckley reports.

The article cites how recent GOP gubernatorial nominee and former state Sen. Russ Weeks, of Raleigh County, "first blew the whistle" on conditions at the state-run hospital blamed for the infections.

"Weeks has been demanding an inquiry the past four years, maintaining 'a massive cover-up' was keeping the lid on a number of illegal practices at Pinecrest, ranging from bookkeeping to mistreatment of patients," the article said.

W.Va. Evading Deficit Threat, So Far

The Associated Press cites a recent analysis by the National Conference of State Legislatures to report that "the Mountain State is among less than a dozen that expect revenues to cover spending during the current budget year."

West Virginia is also avoiding the deficit watch list for 2010, though the analysis warns that the chief culprit behind the coast-to-coast budget gaps -- plunging tax revenues -- is starting to reflect in severance collections.

19 December 2008

Full Ride Ending for Promise Scholarships?

A state panel is poised to recommend that West Virginia cap its annual Promise college scholarships at $4,500 a student, an amount what would no longer cover full tuition and fees at West Virginia University, Marshall and other state schools, the Charleston Daily Mail reports.

"The draft report from the Promise Scholarship Ad-Hoc Advisory Committee represents a complete review of the 6-year old program," the article said. "The cap would help the state control costs associated with the program."

The article also notes that "the committee also rejected adding any mandatory in-state work requirement, like the one proposed and then withdrawn earlier this year by Gov. Joe Manchin."

Ketchum Sworn in

A Supreme Court chamber packed with family, friends, legal dignitaries and other officials helped highlight Thursday's robing of Menis Ketchum as one of West Virginia's two new justices, The Associated Press and others report.

With his 12-year term beginning Jan. 1, Ketchum, 65, is "joining a court that drew national headlines in 2008," AP notes.

"Photos that surfaced last January showed Chief Justice Elliott "Spike" Maynard socializing in Monaco with Don Blankenship, the top executive at Massey Energy Co," the article said, while "Last month, the U.S. Supreme Court agreed to decide whether a second justice, Brent Benjamin, should have recused himself from a $50 million case involving Massey."

Maynard did not appear at Thursday's ceremony, while Benjamin presided over it as next year's slated chief justice.

Former Justice Margaret Workman, who with Ketchum won this year's Democratic primary and general elections, was on hand and will follow suit Dec. 29.

Others with coverage include the Herald-Dispatch of Huntington and MetroNews.

Barth Back with Byrd

Anne Barth has returned to the office of U.S. Sen. Robert C. Byrd, D-W.Va., as its state director, following her unsuccessful challenge of U.S. Rep. Shelley Moore Capito, R-2nd, the Charleston Daily Mail reports.

"She had taken some time off after the election to catch up on sleep and get some rest," Byrd spokesman Jesse Jacobs told the newspaper. "Sen. Byrd kept bugging her to come back because he believes she's the best state director in the whole wide world."

16 December 2008

West Virginia Casts Its Five Electoral Votes for McCain

The Associated Press was on hand when West Virginia's five electors met at the state Capitol to cast their electoral college votes for John McCain and Sarah Palin.

"The Republican ticket carried West Virginia with more than 55 percent of the vote. But Democrats Barack Obama and Joe Biden won the White House race in a 365-vote Electoral College landslide," the article said.

AP also explains that "
each state has electors equal to its number of representatives and senators. West Virginia's electors, chosen by its GOP, are Robert Fish of Parkersburg, Zane Lawhorn of Princeton, Catherine McKinney of Bridgeport, Marti Riggall of Charleston and Theresa Waxman of Clarksburg."

MetroNews also covered the electoral vote, and has audio of Fish.

Life, Death and Health in West Virginia

Convenience to doctors and the pregnant women, particularly in rural areas, is apparently behind a steady rise in West Virginia babies "delivered prematurely by induced labor and Caesarean section," The Charleston Gazette reports.

"The rise in elective deliveries has prompted state regulators to urge hospitals to reduce such births, which cost significantly more than normal deliveries," the article said. "Numerous studies have shown babies born before the 39-week gestation period have more complications, such as respiratory distress syndrome and infections. They're also more likely to wind up in newborn intensive care units at hospitals."

West Virginia's troubling trend of overdose prescription drug deaths, meanwhile, has become the subject of a study published in the Journal of the American Medical Association.

As The Associated Press reports, "overall, the study put West Virginia's unintentional prescription drug related fatal overdose rate at roughly 16 deaths per 100,000 residents, more than twice the national average."

But "among the 275 people whose death was linked to 'prescribed opioids,' 56 percent were never prescribed those medications," AP's Tom Breen reports. "The findings suggest that drug 'diversion' — acquiring the medication illegally, by lying to doctors, buying it from black market Internet pharmacies or outright theft — accounts for a significant majority of prescription drug misuse."

Breen has a separate story that finds that while "19 states have either made cuts to their Medicaid or Children's Health Insurance Program budgets or are considering reductions," West Virginia " still plans to move ahead with an expansion of its CHIP plan next month."

The state is "expanding coverage to children whose families earn up to 250 percent of the federal poverty level, or about $53,000 for a family of four," that article said. Three other states had planned expansions, but are putting those moves on hold "as officials calculate the effect of the economic downturn on their budgets."

The latter AP article was drawn partly from a new report from the group Families USA.

Health insurance for state children is also a topic of a lawsuit threatened by a public interest law firm against West Virginia's Medicaid program, The Gazette reports.

"Mountain State Justice says the state Medicaid office has repeatedly violated federal law and subjected families to a confusing benefits package that limits services to kids," the article said.

Rockefeller Taking over at Senate Commerce

U.S. Sen. Jay Rockefeller, D-W.Va., is stepping down as chairman of the Intelligence Committee to take the helm of the Commerce Committee, Public Broadcasting reports.

"The committee will play an important role in the upcoming Obama Administration, dealing with rebuilding the nation’s infrastructure and making America more competitive in world trade," the report said. "Rockefeller says as Commerce chairman, he intends to focus on building nationwide technology infrastructure, promoting clean energy research, and protecting American consumers."

Audio here.

15 December 2008

Independent Campaigns Spent Millions in 2008

The Charleston Daily Mail reports that "third parties this election year spent more than $2 million, compared to $1.4 million in the 2006 elections," but that "the big-ticket spending pushes, just as in the 2006 elections, again failed to sway voters."

The Associated Press earlier reviewed general election campaign spending in various races.

Manchin: No Tax Hikes, Across-the-Board Budget Cuts in '09

So reports The Associated Press, after Manchin said he is instead "linking agency funding levels to performance."

While his administration had predicted an $11.7 million shortfall next year, Manchin "believes the state can balance its next budget without hurting services," the article said.

Besides "judging programs by performance," the governor told AP he has "asked tax officials to review collection rates and check for credit loopholes to close."

Manchin also continues to believe West Virginia is faring better fiscally than most other states. Offering context, the Charleston Daily Mail reports that "while West Virginia is on tap to lose nearly 5,000 jobs next year, the pending economic woes likely will pale in comparison to what happened during the early 1980s."

"The state this time is positioned to weather the storm better than most of the country, but that surely wasn't the case two decades ago," that article said. "The West Virginia job loss rate was roughly triple that of the nation's during the 1980s recession."

West Virginia 2008 Turnout Reached Nearly 736,800

Secretary of State Betty Ireland released turnout figures Monday that show nearly 736,800 ballots were cast for the general election, reflecting participation by about 60.7 percent of registered voters.

As The Associated Press reports, both the percentage and the overall number
fell below 2004 levels.

"More than 23 percent of this year's voters cast early or absentee ballots," the article said. "An estimated 24 percent voted straight party tickets. Democrats accounted for nearly 59 percent of those, but the GOP number reflects a larger margin of that party's share of the voting population."

The figures also show that not all ballots cast were counted. The difference between those two tallies exceeds 5,100 votes.

Ranking West Virginia for Corruption

The coverage of the Gov. Rod Blagojevich scandal has led to talk of the storied history of corruption in Illinois, which in turn has fostered a discussion on crooked state-level politics generally.

The New York Times sought to rank the states for corruption, and sliced the numbers several different ways:

  • West Virginia ranked 32nd for the sheer number of federal public corruption convictions in the last decade, according to Justice Department figures. The state has had 74;
  • It ranked 21st for annual convictions per-capita (at 4.1 per million residents per year);
  • But it climbed all the way to 8th in a 2003 study that "asked state house reporters to assess their subjects and ranked responses on a scale of 1 (clean) to 7 (crooked)." West Virginia scored a 4.7, with Rhode Island topping the chart at 5.5.

Quote of the Day

"I've been doing all I can to tell people that this is not the year to come ask us for money."

-- State Sen. Ed Bowman, D-Hancock, while explaining the tight fiscal times ahead to The Intelligencer of Wheeling

Pondering Judicial Selection

Just three states have change the way they pick their judiciary since 1994, but West Virginia is among more than a half-dozen debating the issue, The Associated Press reports.

"A review of the states shows no clear favorite" selection method, the article said. "More than half the states appoint their top appeals courts, but a greater number elect at least some of their trial-level judges, according to research by the American Judicature Society."

Boggs Named New House Majority Leader

Delegate Brent Boggs, D-Braxton, will succeed a departing Joe DeLong as House majority leader for West Virginia's 79th Legislature, The Associated Press reports.

Delegate Tom Campebell, D-Greenbrier, will take over Boggs' post as vice chairman of the House Finance Committee. Speaker Rick Thompson, D-Wayne, announced the picks after a weekend meeting.

The Charleston Gazette
also has a story, as does MetroNews.

12 December 2008

Obama Raised Nearly $621,000 in W.Va.

The Associated Press rounds out its review of 2008 campaign finance by reporting that President-elect Barack Obama outraised John McCain by more than 2-to-1 among West Virginians before losing the state to the Republican nominee.

"The final round of campaign finance reports show that Obama attracted more than $139,000 from West Virginians during the final month of the campaign," AP reports. "That last burst of more than 1,200 contributions boosted Obama's in-state total to nearly $621,000."

McCain had raised around $255,000 from state residents before switching to public financing in September.

W.Va. GOP Again Picks Abernathy for Exec. Dir.

Gary Abernathy is again executive director of West Virginia's Republican Party, returning to a post "that found him in a storm of controversy four years ago with the Warner family," The Register-Herald of Beckley reports.

State GOP Chairman Doug McKinney said Abernathy's duties include raising money, The Associated Press reports. AP notes that the party's latest filing shows "$20,015 in its federal account, compared to the Democratic Party's balance of $279,528."

A longtime political consultant, Abernathy's clients during the most recent election cycle included presidential candidate Fred Thompson, GOP nominee for governor Russ Weeks and state Senate hopefuls Gary Howell and Bob Adams.

But not all state Republicans appear pleased by the hiring.

Replacing DeLong

Democrats in the House of Delegates will need a new majority leader next year, as Hancock County's Joe DeLong ran (unsuccessfully) for secretary of state instead of for re-election.

The Charleston Daily Mail and MetroNews each report on his possible successor.

11 December 2008

Ex-Lawmaker Busted for DUI While Leaving Gov's X-Mas Party

"The first of four Christmas parties at the Governor's Mansion turned out to be less-than-festive for a Charleston health care administrator and former state delegate," The Charleston Gazette reports.

Pat White, head of West Virginia Health Right and formerly D-Putnam, "was arrested for driving under the influence by Charleston Police after wrecking her car on Piedmont Road at the Capitol complex" late Tuesday, The Gazette reports.

White had been a guest at the first of four holiday parties scheduled for the Governor's Mansion this month. Each features free food and beverages, including beer, wine and liquor. The governor has invited about 600 people to each, the article said.

WSAZ-TV reports that White had a blood-alcohol content of 0.156 percent, nearly twice the legal limit. A Manchin spokeswoman told the station that for the rest of the parties, "we will begin to make announcements throughout the evening reminding everyone to please act responsibly and that our staff is available to assist them should they need a ride home for any reason.""

W.Va. '08 Congressional Race Spending Topped $12.5 million

West Virginia's candidates for U.S. House and Senate spent more than $12.5 million on their races this year, The Associated Press reports, continuing (edit) its post-general review of campaign finance.

U.S. Sen. Jay Rockefeller, D-W.Va., accounts for more than half the total. He plowed more than $7 million into his successful campaign against underfunded Republican Jay Wolfe.

U.S. Rep. Nick Rahall, D-3rd, spent $805,493 against a GOP opponent whose lack of fundraising exempted him from Federal Election Commission filing requirements. Rep. Alan Mollohan, D-1st, was unopposed but still spent $1.03 million.

The most competitive congressional race saw Rep. Shelley Moore Capito, R-2nd, spend $2.3 million, or twice as much as Democratic challenger Anne Barth. About 18 percent of the $1.6 million Barth laid out during her campaign was consumed by her party's contested primary.

Capito also outraised Barth by 2-to-1, and nearly outraised her by that margin, during the final weeks of their race. She also benefited from $721,000 worth of ads supporting her from National Right to Life, the American Hospital Association and the National Association of Realtors.

Update: "The Democratic Congressional Campaign Committee spent $267,712 promoting Barth and an equal amount attacking Capito," the article also notes, citing analysis by the Center for Responsive Politics.

They Voted For You: The Big Three

West Virginia's U.S. House members ended up divided when that body voted late Wednesday for legislation "to authorize financial assistance to eligible automobile manufacturers, and for other purposes."

Reps. Alan Mollohan, D-1st, and Shelley Moore Capito, R-2nd, helped pass the "Auto Industry Financing and Restructuring Act" 237-170, while Rep. Nick Rahall, D-3rd, voted against it. He was among 20 Democrats to oppose the measure, while Capito crossed the aisle with 31 GOP colleagues to support it.

The measure would infuse $14 billion "within days into cash-starved General Motors Corp. and Chrysler LLC," The Associated Press explains. "Ford Motor Co., which has said it has enough cash to make it through 2009, would also be eligible for federal aid."

"Supporters cited dire warnings from GM and Chrysler executives, who have said they could run out of cash within weeks, and concerns that a carmaker collapse would erase tens of thousands of jobs and jolt an already bleak economy," the article said.

But Senate Republicans "are challenging lame-duck President George W. Bush on the proposal, arguing that any support for the domestic auto industry should carry significant concessions from autoworkers and creditors and reject tougher environmental rules imposed by House Democrats," AP also reported.

MetroNews also reports on Wednesday's vote, while the Charleston Daily Mail queried the state's delegation beforehand.

09 December 2008

Debate Continues over W.Va. Health Care Spending Rules

West Virginia doctors have been leading a charge for most of a year against rules that mandate state approval for spending on expanded services, new facilities and related areas.

As lawmakers heard during this week's interim meetings, "some in border counties have begun sidestepping (the rules) by setting up shop right across the state line, particularly in Ohio and Pennsylvania where comparable rules are lacking," The Associated Press reports.

The West Virginia Hospital Association offered its views Monday. It favors the "certificate of need" system, but suggested ways to streamline its process and ease its burden on non-health care projects pursued by regulated providers.

The hospitals also want a chance to compete with the doctors crossing the borders, by eliminating the review requirement hospitals face when seeking to expand across the state line. That spurred questions from Sen. Evan Jenkins, D-Cabell, during Monday's interim meeting.

"Executive director of the West Virginia State Medical Association, which represents doctors, Jenkins has been the committee's most vocal skeptic of the certificate of need system," the article said. "Jenkins said it sounded as if the hospitals had adopted a 'if you can't beat them, join them' response to the doctors."

Manchin's Inaugural

USA Today reports that while "many of the governors who will be inaugurated next month are scaling back their celebrations," Gov. Joe Manchin has already caught flak for planning "a lavish inaugural ball."

"His 2005 ball, funded by private donations and sponsorships, had a budget of about $1.3 million," the article noted, citing Manchin's inaugural committee spokeswoman Sara Payne Scarbro.

Scarbro, who will return to the governor's press office in January, also defended plans for the 2009 ball, citing how "Manchin has created 23,000 jobs and reduced the state's debt."

"We've got our financial house in order and made some lasting changes," she told the newspaper. "That is definitely worth celebrating."

Recession Unkind to State Road Fund

The Associated Press reports that signs of an economic downturn also spell additional trouble for an already stricken West Virginia State Road Fund.

A decline in new vehicle registrations, changing driving habits and rising building materials costs all hurt the state's main source for highway needs, West Virginia University economist Tom Witt told a legislative interim committee Monday.

Witt also highlighted an ongoing update of a sweeping 2004 study that sought to chart the road fund's future.

The Charleston Gazette and The Register-Herald of Beckley also covered Monday's meeting.

Manchin on Obama

The Rothenberg Political Report quotes Gov. Joe Manchin in a lengthy piece drawn from last week's meeting between the nation's governors and President-Elect Barack Obama.

"Although the bulk of the conversation took place behind closed doors, subsequent interviews with Democratic governors revealed a high level of excitement about the next administration," the article said. "According to governors in the meeting, the conversation with Obama included talks about an upcoming stimulus package, infrastructure, energy and Medicaid, as well as an overall discussion about how the federal government can partner with the states."

The piece says Manchin, outgoing chairman of the Democratic Governors Association, spoke for several of his peers when he said “We don’t want a provider, we want a partner.”

"Other governors expressed similar sentiments, saying they weren’t looking for a block grant or a blank check, but instead the ability to shape the infrastructure into specific projects that work in their states," the article said.

W.Va. Jail Firings Explained

The Charleston Gazette reports that "Regional Jail Authority director Terry Miller told legislators Monday he fired the administrator of Southern Regional Jail and four jail officers in October because of two incidents in which inmates were mistakenly released from jail."

The Gazette explains that "Monday's meeting was the first time Miller gave an explanation for what led him to fire Tom Scott, a longtime administrator of the Southwestern and Southern regional jails," and the others.

Miller also said "there have been three other instances of erroneous releases since October, including two at the Tygart Valley Regional Jail, and one incident involving an inmate who was supposed to be transferred from Southwestern in Logan to South Central regional jail in Charleston," the article said. "Miller said officers at Tygart Valley been suspended pending the outcome of an internal investigation, and said the Logan County incident is in the initial stages of investigation."

08 December 2008

Recession Puts Recycling on the Skids (Updated)

The Associated Press highlights the tough times facing West Virginia recycling programs to report that "the recycling market has tanked almost in lockstep with the global economic meltdown. As consumer demand for autos, appliances and new homes dropped, so did the steel and pulp mills’ demand for scrap, paper and other recyclables."

The state's largest program, in Kanawha County, has reduced work schedules, closed drop-off stations and asked "
residents to hoard their recyclables," AP reports. Elsewhere, "haulers in Oregon and Nevada who were once paid for recyclables are now getting nothing or in some cases are having to pay to unload their wares," while in Washington state, "what was once a multimillion-dollar revenue source for the city of Seattle may become a liability next year."

Update: The New York Times also includes West Virginia in a national story, headlined "
Back at Junk Value, Recyclables Are Piling Up."

The Charleston Gazette first reported on Kanawha County's quandary in November, and followed up to highlight the impact on recycling drives at area schools.

Tomblin, Thompson Headed to New Terms as Senate President, House Speaker

The majority Democrats in the House and Senate caucused (separately) Sunday before their interim session began to re-nominate Speaker Rick Thompson, D-Wayne, and President Earl Ray Tomblin, D-Logan, The Associated Press reports.

"Tomblin became the longest-serving president in 2003, and 2009 would mark his eighth term with that titler," AP notes, while "Thompson would begin his second term as speaker. Each leadership post carries a two-year term."

The article continues that "GOP lawmakers also re-nominated their leaders: Senate Minority Leader Don Caruth of Mercer County and House Minority Leader Tim Armstead of Kanawha County."

Newly elected lawmakers took part in the caucusing. The full House and Senate will each vote on their leadership choices in January. "The Democratic caucuses also each renominated the House and Senate's non-lawmaker officers," AP reports. "They are Clerk Gregory M. Gray, Doorkeeper John A. Roberts and Sergeant at Arms Oce Smith in the House, and Clerk Darrell E. Holmes, Doorkeeper William Bevino and Sergeant at Arms Howard Wellman in the Senate."

The Register-Herald of Beckley reports on the caucusing as well, with comments from legislators on the renominations.

Judicial Selection Remains a Topic in W.Va. (Updated)

The Associated Press reports that "the Legislature continues to study the way West Virginia picks its judges and justices, in the wake of a vote of confidence by most of the state's judiciary in favor of the current method of partisan elections."

A legislative interim committee heard several differing views on the topic Sunday. Speakers included the heads of the state's plaintiff's and defense bars, and former judge-turned-lawmaker-turned-judge-elect John Yoder, R-Jefferson.

The committee met after "the West Virginia Judicial Association adopted a resolution last week in support of partisan elections," AP notes. "The measure came after the group's executive committee unanimously endorsed a proposal from Gov. Joe Manchin for nonpartisan elections of circuit judges."

The legislative panel also learned from the other speakers, Allan Karlin and Thomas Hurney, of their work on "a special committee formed by the West Virginia Bar Association to study the state's judicial selection method."

The Charleston Gazette also reported on the interim session meeting, as did MetroNews.

Update: Stateline.org reports that "bare-knuckle races in states including Alabama, Mississippi, Wisconsin and West Virginia have renewed calls from advocacy groups, lawyers and others in the legal community for structural changes to the way judicial elections work."

Candidates Plow nearly $11 million into W.Va. state, legislative races

The Associated Press continued its analysis of campaign finance reports from the 2008 elections by delving into post-general filings and offers overviews of spending by candidates for the Legislative and for such statewide offices as governor and Supreme Court.

AP also compared some of the statewide spending to that seen in other states.

Among other findings:

  • Statewide candidates plunked down a combined $6.6 million, while legislative hopefuls together laid out more than $4.3 million.
  • State Supreme Court candidate spending exceeded $3 million in that two-seat race, but that's less than what was seen in other states this year or in West Virginia in 2004.
  • West Virginia's race for governor, clocking in at under $2.9 million, was among the nation's cheapest in 2008. The priciest was in Washington state, where Gov. Christine Gregoire and Republican Dino Rossi spent a combined $23.6 million.
  • Republican candidate for governor Russ Weeks apparently amassed a smaller campaign chest than any other major party nominee for governor in the 11 states that voted on that office this year.
  • In the most expensive legislative race of the year, "former state Sen. Mike Ross spent nearly $440,000 before losing his rematch against state Sen. Clark Barnes."
  • Ross was among just nine losing candidates who had outspent the winners in their races. The rest had run for the House. All nine are Democrats.
  • "The priciest House contest during the general election season was in Mercer County, where about $47,100 was spent for each of two 25th District seats."
  • "The biggest spender among House candidates during both the primary and general campaigns was Sally Susman, who regained the Raleigh County seat she gave up for an unsuccessful (2006) state Senate bid."