W.Va. Home Rule Project under Fire

A group of insurance companies has sued over Huntington's approach to the state's ongoing "home rule" pilot project, prompting a local lawmaker to urge repeal of the city ordinance at issue, the Herald-Dispatch reports.

As the newspaper explains, a 2008 state panel "chose Huntington, Charleston, Bridgeport and Wheeling to participate in a five-year pilot home rule program created by the Legislature. The intent of the program is to give cities more autonomy on taxation and administrative and personnel issues."

The West Virginia Insurance Federation objects to a resulting Huntington ordinance "that allows the city to withhold insurance claim proceeds from property owners if they don't tear down their fire-damaged structures," the article said. "Huntington's ordinance requires insurance companies to withhold $2,000 from every $15,000 of benefits payable to a policyholder on every total fire loss within the city. The withheld proceeds would be placed in escrow by the city and not released until all debris has been removed."

Delegate Jim Morgan, D-Cabell, has asked city officials to remove the threat to the overall pilot project. He's also issued an open letter to Mayor Kim Wolfe, the Herald-Dispatch reports.

W.Va. GOP Sees Mixed Results from Fundraising Goal

Halfway through 2009, The Associated Press checks the progress of West Virginia's Republican Party toward its goal of improved fundraising this year.

"The party's main political fund attracted $83,213 from individual donors between January and June," the article said. "When averaged, the monthly intake exceeds the $12,000 monthly goal set by Chairman Doug McKinney."

The GOP has also raised more, per member, than the state's much larger Democratic Party. "But the six-month total is also below that of the same period in 2008, an election year, or 2007," AP reports. "And at a time when the Republican Party searches for a new, $40,000-a-year executive director, it began July with less than $14,000 left in that account."

McKinney attributes several factors to the results so far, including the recession, an insufficient example from the party's 137 executive committee members, donors who fear repercussions from Democrats, and critics within the party.

But "some of them contend he and his leadership team offer the party rank-and-file few reasons to give.," the article said. "The party activists who differ with McKinney, whose term ends next July, also believe the recession and emerging Obama administration policies give the party ways to lure donors."

And while they lag behind the Republicans in contributions from individuals, "the Democrats maintain two key funding edges over the GOP: their annual fall Jefferson-Jackson Day dinner, and the often hefty transfers from the national party and its members of the state's congressional delegation."

Massey Dropping Lawsuit vs W.Va. Supreme Court

Massey Energy Co. has agreed to the dismissal of its recently reactivated federal lawsuit against West Virginia's Supreme Court, The Associated Press and others report.

Massey had targeted the court's recusal procedure, while seeking the removal of then-Justice Larry Starcher from hearing cases involving the coal producer.

"Starcher was known for often harsh criticism of Massey chief Don Blankenship," the AP article noted ."At various times over the years, Starcher called Blankenship 'stupid' and a 'clown.'"

The presiding judge had recently given both sides until July 31 to weigh in on whether last month's ruling from the U.S. Supreme Court's -- which ordered Justice Brent Benjamin's recusal from an appeal involving Massey -- was relevent to the lawsuit.

The lawsuit had been on hold while the U.S. justices reviewed the Benjamin recusal matter. As earlier noted, Massey had enlisted allies in the U.S. Supreme Court appeal who "defended West Virginia's recusal rule and argued against 'second-guessing by the federal courts regarding such state-crafted policies.'"

"Richmond, Va.-based Massey says in a statement Friday that the retirement of former Justice Larry Starcher last year prompted it to give up the suit," AP reported.

Others with coverage include MetroNews and The Charleston Gazette.

Judge Plans to Stay on Massey Case

A Mingo County Circuit judge has rejected as untrue or moot the various arguments raised by plaintiffs seeking his recusal from a mining pollution case against a subsidiary of Massey Energy Co., The Associated Press and others report.

Judge Michael Thornsbury said he's not friends with Massey CEO Don Blankenship, as the plaintiffs had alleged. They had also cited Thornsbury's choice of his business partner and former campaign manager to oversee a fund set up in the case, but the judge said the man turned down the post.

"Thornsbury also denied giving Massey preferential treatment, noting he compelled Blankenship to give a deposition in the case," the AP article said. "Nor has Blankenship contributed to his election campaign, Thornsbury said, although lawyers on both sides of the case have done so."

The Charleston Gazette quotes from Thornsbury's seven-page response to the recusal request. "This court has presided over hundreds of cases involving this defendant in the past thirteen years, including similar lawsuits involving hundreds of plaintiffs which proceeded to jury verdicts. This court has no relationship with the defendant which would necessitate recusal."

Manchin Not Ready to Convene Special Pension Session

After reports that Gov. Joe Manchin is weighing a special legislation session to help cities with yawning pension funding gaps, the governor's office tells The Register-Herald that he must see some consensus first.

“We’ve not even received a draft of that plan yet, so it’s too early to suggest there’s going to be a special session,” spokesman Matt Turner told the Beckley newspaper. “There’s still a lot of vetting to do.”

"A plan being bandied about by some legislators and the West Virginia Municipal League calls for a 40-year amortization of the debt and the creation of a newer pension fund for new hires with built-in safeguards against future liabilities," the article explains. "Yet, until everyone involved in finding a solution gets on the same page, even talk of a special session in August or September is premature."

W.Va. Lottery Does Better Than Expected

As reported after West Virginia ended its 2009 budget year June 30, state lottery revenues appeared on track to beat a forecast that predicted a dip in sales from the previous year.

The Lottery Commission fielded the final numbers Wednesday, and learned that sales topped the projection by a slight $20 million, to total $1.49 billion, The Associated Press and others report.

"State government's share of the resulting revenues topped $616.6 million, while West Virginia's counties and municipalities together reaped nearly $16 million," the article said. "But an overall decline in lottery sales that began in mid-2007 continued. And despite the better-than-forecast showing, that trend is expected to persist with sales dipping by an estimated $104 million during the fiscal year that began July 1."

AP also offers a rundown of the state's four racetracks, which provide the bulk of lottery revenues, while noting both the growing competition from Pennsylvania and the approaching threat from Ohio.

Most of those who gamble at West Virginia's four tracks travel from other states, including those two neighbors. The Charleston Daily Mail earlier questioned whether casino-style table games and resort-level amenities would give the tracks much of an edge with Ohio gamblers once their home state opens slot halls.

Also reporting on the FY09 figures include The Charleston Gazette and MetroNews. The latter offers audio from Lottery Director John Musgrave.

He Voted For You: Concealed Guns

U.S. Sen Jay Rockefeller, D-W.Va., voted against an amendment that aimed to "to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits."

A recuperating Sen. Robert C. Byrd, D-W.Va., did not take part in the 58-39 roll call, which requires at least 60 votes for the amendment to prevail.

"Opponents said it would force states with tough concealed weapon permit restrictions to let in gun carriers from states that give permits to convicted criminals, minors and people with no firearms training," The Associated Press reports. "The chief sponsor of the measure, South Dakota Republican John Thune, said it would reduce crime by allowing law-abiding citizens such as truck drivers to protect themselves as they travel from one state to another."

The National Rifle Association's executive vice president, Wayne LaPierre, told AP that those who opposed it "will see it reflected in support from their constituents."

But "the Violence Policy Center, a gun control advocacy group, released a study this week finding that concealed handgun permit holders killed at least seven police officers and 44 private citizens during the two-year period ending in April," the article said.

AP also explains that "concealed weapons are allowed in 48 states. Alaska and Vermont allow any gun owner to carry a concealed gun. Wisconsin and Illinois don't allow them at all, except for law enforcement officers. The other 46 states require permits to carry a concealed gun."

W.Va. Lottery Resumes Scrutiny of Indicted Operator (UPDATED)

West Virginia's Lottery Commission should be receiving legal advice from the attorney general's office this morning, on whether it can suspend an indicted operator's license without violating a federal judge's asset preservation order, The Associated Press reports.

Federal prosecutors sought that order, as they plan to seize at least $5.3 million from Joe C. Ferrell and his Southern Amusement Co. if they're convicted in the 48-count racketeering and corruption case.

(Update: That legal advice, not revealed at Wednesday's meeting, prompted the commission to leave the license alone pending the outcome of the case. As AP reports, Lottery officials cited how the criminal trial is scheduled for next month -- but they were not aware until asked about it by AP that both sides in the cases want the trial pushed back to February.)

The commission weighed yanking the license last month, but balked over concerns of running afoul of U.S. District Judge John T. Copenhaver Jr.

As AP observed then, "Southern Amusement is one of the state's largest suppliers of 'limited' video lottery machines to licensed bars and clubs. With permits for 675 devices, the most allowed any one operator, the Logan County company currently leases 640 poker- and slot-style machines to 128 retail locations...(that) rake in $2.3 million a month."

Ferrell, D-Logan, served seven terms in the House of Delegates, taking a break from the Legislature in the 1990s after he pleaded guilty to illegal campaign spending.

County School Boards Lining up to Sue over OPEB

The Charleston Daily Mail counts at least 20 of West Virginia's 55 county school systems ready or expected to file a legal challenge over how they're required to account for the "other post-employment benefits" of their teachers and school personnel.

New rules require government employers to calculate the funding gaps between on-hand assets and OPEB benefits _ mostly health care _ promised to their future retirees.

"School officials fear that merely noting the unfunded liabilities on their financial statements will hurt school system credit ratings and make borrowing to build new schools via bond sales more expensive," the article said. "They want the state to either move the liabilities onto its own books or give the counties enough money to cover the liabilities."

Update: Wood County Superintendent Bill Niday, whose school system has helped lead the charge against the rule, told the Daily Mail that "the plan is to give the state 30 days notice at the end of August and file a lawsuit by early October. It is not yet clear whom the suit will name as defendants."

W.Va. Part of Bucking Trend with CHIP

The New York Times counts West Virginia among the at least 13 states that "have invested millions of dollars this year to cover 250,000 more children with subsidized government health insurance" amid tight budgetary times.

The Mountain State is among those to expand eligibility for the Children's Health Insurance Program, or CHIP, which "has been politically popular since its enactment in 1997 because it primarily benefits working families that earn too much to qualify for Medicaid but too little to afford private insurance," the article said.

The expansions come in the wake of federal legislation that extended the program through 2013 and "provided $32.8 billion in new financing over that period, paid with an increase in tobacco taxes," The Times reported. "The new law allows states to provide coverage to children from families living at up to three times the poverty level. States can set thresholds higher if they wish, but will be reimbursed by the federal government at a lower rate."

Byrd Returns to U.S. Senate, Casts Vote

U.S. Sen. Robert C. Byrd cast his first vote Tuesday since he was hospitalized for an infection more than nine weeks ago, The Associated Press reports.

The 91-year-old, in a wheelchair, sided against an amendment _ it prevailed 58-40 _ to a key defense policy bill.

Byrd "was hospitalized May 15 for an infection," AP reported. "His stint in the hospital was extended when he developed a more severe infection, but he was recently released," and "voted to extend production of F-22 fighter planes."

Urban Lawmakers Hope for Special Session on City Pensions

Gov. Joe Manchin is not ruling out a special legislative session devoted to a measure meant "to help cities deal with massive deficits in their police and firefighters' pension plans," The Charleston Gazette reports.

Spokesman Matt Turner said the governor is "encouraged" by the "the so-called 'Huntington plan,'" crafted by lawmakers, city officials and other stakeholders.

"Under the proposal, municipalities could opt to close out pension plans whose overly generous benefits are creating huge unfunded liabilities for their municipal budgets," The Gazette explains. "New hires would go into a new retirement system that would be administered by the state Consolidated Public Retirement Board. With the hemorrhaging stopped in the old plans, cities would then devise plans to pay down the unfunded liabilities over the next 40 years."

Massey CEO Figures in Another Recusal Flap

A friendship with Massey Energy Chief Executive Don Blankenship's are among the alleged reasons being invoked by plaintiffs in a mining pollution case as they seek to disqualify the presiding judge, The Associated Press and others report.

The recusal filing targeting Mingo County Circuit Judge Michael Thornsbury further alleges that the judge has "personal and financial conflicts of interest, participated in illegal out-of-court communications with Virginia-based Massey’s lawyers, deceived plaintiffs into waiving their right to seek legal fees and created “an atmosphere of bias that has permeated all levels of court personnel," AP reports.

Both AP and The Charleston Gazette report that the motion also alleges Thornsbury "appointed his personal business partner -- a Williamson doctor with ties to Massey -- as administrator of a medical monitoring program meant to see if coal-slurry pollution of water supplies has made residents sick."

But the court filing is also the latest "to accuse Blankenship of having an appearance of impropriety with a West Virginia judge," the AP article said.

"In June, the U.S. Supreme Court concluded that state Supreme Court Justice Brent Benjamin should have recused himself from Massey’s appeal of a $50 million verdict involving Harman Mining Corp. because Blankenship had spent $3 million to help elect him," AP reported. "Earlier, Harman’s lawyers unearthed photos showing Blankenship on the French Riviera in 2006 with then-chief justice Elliott “Spike” Maynard, who recused himself and lost re-election four months later."

"Thornsbury said the complaint contains several false allegations, and his secretary, Shelley Kelley, said Monday he will respond to them in writing later this week," the AP article said. "Massey spokesman Jeff Gillenwater also said the company will respond in court."

Manchin in Line to Head NGA

Gov. Joe Manchin was named vice chairman of the National Governors Association during its annual in Mississippi, The Associated Press and others report.

The post sets the stage for the West Virginia Democrat to head the nonpartisan organization in 2011, notes MetroNews, which also interviewed Manchin about his new title.

They Voted For You: Wild Horses

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass legislation meant to rescue wild horses and burros "from the possibility of a government-sponsored slaughter and give them millions more acres to roam," The Associated Press reports.

Rep. Shelley Moore Capito, R-2nd, voted against the Restore Our American Mustangs Act, as did all but 33 of her House GOP colleagues in the 239-185 roll call.

"An estimated 36,000 wild horses and burros live in 10 Western states," the article said. "Federal officials estimate that's about 9,400 more than can exist in balance with other rangeland resources. Off the range, more than 31,000 other wild horse and burros are cared for in corrals and pastures."

AP also noted the reaction by Rahall, the bill's lead sponsor, to Republicans who "dismissed the measure as welfare for horses."

Chairman of the House Committee on Natural Resources, Rahall said "a majority of Americans would not support slaughtering healthy animals or keeping them in holding pens for years at a time.

"The status quo is a national disgrace," Rahall was quoted as saying. "It is a disgrace to our heritage."

House Republicans Seek Spousal Disclosures

House Republicans plan to resume their drive to require public officials to disclose at least some financial information of their spouses in the Ethics Commission reports they must file, both The Charleston Gazette and The Register-Herald of Beckley report.

The newspapers note that GOP delegates sought, without success, to add such a provision to the 2005 overhaul of state ethics provisions.

But the proposal may gain more support after the Center for Public Integrity flunked West Virginia, along with 19 other states, for its legislative financial disclosure requirements.

(The center's latest report on the topic notes that "Idaho, Michigan, and Vermont continue to tie for last place, as no personal financial disclosure laws exist, or have ever existed, in those states.")

Quote of the Day

"I don't think there's an appetite for it."

-- Gov. Joe Manchin to The Associated Press, while explaining that while "the federal stimulus package helped states avoid deep budget cuts during the recession," some attending the weekend's National Governors Association convention are "not pushing for another infusion of cash from Washington."

Manchin Aide now with Mylan

The Charleston Daily Mail reports that Lara Ramsburg has left the Manchin administration to become "head of special projects" at generic pharmaceutical giant Mylan Inc.

Ramsburg had been with the governor since his 2005 campaign, and had become his public policy director when it was announced in January that she would be leaving after the legislative session.

The article notes that Mylan co-founder Milan Puskar "was the biggest backer of Joe Manchin's primary campaign for governor," and is also the largest benefactor of West Virginia University.

"The company was in the headlines last year because of a scandal surrounding West Virginia University's retroactive awarding of a master's degree to Mylan executive Heather Bresch, Manchin's daughter," the article said.

Weekend Protests Target Cap and Trade

Opponents of pending federal "cap and trade" legislation rallied over the weekend both in Beckley, as The Register-Herald reports, and at the state Capitol, according to MetroNews (with audio) and The Charleston Gazette.

The Charleston newspaper also has a companion article scrutinizing the bill's potential impact on coal, while Public Broadcasting reports on a related protest in Morgantown, this one targeting federal health care legislation. With audio.

The Intelligencer of Wheeling, meanwhile, looks at the length of some of these measures pending before Congress.

W.Va. Unemployment Benefits Top $181m for FY09

West Virginia paid more than $181 million to jobless West Virginians as they sought new work during the budget year that ended June 30, the Charleston Daily Mail reports.

The amount marked a 114 percent increase over the prior fiscal year, which saw $84.5 million expended from the state's unemployment compensation trust fund, the article said.

State unemployment Director Michael Moore told the newspaper he expected the persisting recession will demand $345 million from the fund this budget year.

"While current figures for the fund were not immediately available, Moore estimated the fund was probably at about $195 million at the end of June," the article said. "About 69,014 initial unemployment claims have been filed in West Virginia this year so far through July 10, Moore said, a 77 percent increase from last year's 38,975 claims."

Medicaid Waiver Program Still Drawing Legislative Fire

As The Associated Press reports, "legislative leaders remain critical of the state’s handling of a program meant to keep people with developmental disabilities in their own homes."

The Charleston Gazette and The Register-Herald of Beckley also covered Thursday's quizzing of state health officials by lawmakers meeting for their monthly interim study session.

"Health and Human Resources say it takes time to calculate how many waiver slots it needs," AP reported. "But lawmakers allege a return of the waiting lists that have spurred lawsuits and a 2000 federal ruling against the program"

"I submit we're going to have people die waiting for a slot to open up," said House Majority Leader Brent Boggs, D-Braxton, as quoted in The Gazette. "They're going to be given a choice to either stay at home and die, or go into a nursing home."

The Charleston newspaper also quoted House Finance Chairman Harry Keith White, D-Mingo, who "said legislators were also concerned that some DHHR case managers are erroneously telling constituents that the waivers are not available because the Legislature failed to fund the program."

"If somebody out there is telling people that, they need to stop," White said.

Quote of the Day

"I have given a speech on this topic to students at Yale at one point where I said, the law is only the minimum one must do, personally one must act in a way in cases to ensure that you're acting consistent with your sense of meeting the highest standards of the profession."

-- Judge Sonia Sotomayor, when asked about the Caperton v. Massey case during her confirmation hearing before the U.S. Senate Judiciary Committee, as quoted by The Washington Post (and via Coal Tattoo).

Walker Leaving DHHR to Head GO HELP

Martha Walker is switching heath care posts within the Manchin administration.

The governor told The Associated Press and others Thursday that Walker would step down as Health and Human Resources secretary Sept. 1 to become acting director of the Governor’s Office of Health Enhancement and Lifestyle Planning.

As AP explains, "lawmakers created GO HELP this year to pursue ways to improve and expand West Virginia’s health care system, while coordinating with existing programs and services."

Manchin has named Patsy Hardy, a 24-year veteran of the state's hospital industry, as Walker's successor at DHHR.

Her career "includes terms as chief executive of St. Joseph’s in Parkersburg and the former Putnam General in Hurricane," AP reports. "Hardy currently operates a Harley Davidson motorcycle dealership in Ohio."

Others with coverage include The Charleston Gazette. The News and Sentinel of Parkersburg focuses on Hardy, a local native.

Mollohan Losing Longtime Aide

U.S. Rep. Alan Mollohan, D-1st, is hosting a reception Friday honoring Cathy Abraham, who is retiring after 22 years as one of his local district aides, The Intelligencer of Wheeling reports.

"She has done an exemplary job serving as my area representative in the northern five counties of the 1st District for 22 years," Mollohan told the newspaper.

The congressman is also losing her would-be replacement.

"Betsy Frohnapfel, the administrator for the Marshall County Commission, was to succeed Abraham as Mollohan's new area representative and began the job earlier this week," the article said. "But on Wednesday, she informed Mollohan she wished to step down."

W.Va. Cities Still Seek Pension Aid

Officials from cities strapped by funding gaps in their police and fire pension funds continue to beseech the Legislature for help, the Herald-Dispatch of Huntington reports.

Lawmakers holding interim study meetings reviewed a new proposal that "includes putting new hires into a new, less costly retirement system," the article said. "The proposal will not affect police and fire personnel that are already involved in a pension fund."

The article explains that "Huntington will spend more than 20 percent, or $8.8 million, of its $40 million budget on pension costs this year. Under the current funding method, those costs will rise to $12.4 million by 2015 and will not reach their ceiling until they hit approximately $20 million between 2020 and 2022, according to the city's finance department."

Aid advocates want Gov. Joe Manchin to adding the issue to any upcoming special session agenda. A spokesman for the governor told the newspaper that would first "have to be a consensus by fire and police personnel, municipalities and legislators" in support of the proposal.

Coal Prompting W.Va. Congressman to Throw Self from Perfectly Good Airplane (Updated)

U.S. Rep. Nick Rahall, D-3rd, "plans to make a parachute jump with the Army's Golden Knights on Saturday as part of the 2009 Friends of Coal Auto Fair in Beckley," The Associated Press reports.

The 60-year-old said "he wants to do something bold to show his support for coal" as well as "military and law enforcement personnel," the article said.

They Will Vote for You: Cap and Trade

U.S. Sen. Jay Rockefeller, D-W.Va., "continues to have serious concerns" about pending federal "cap and trade" legislation, The Intelligencer of Wheeling reports.

The state's three U.S. House members voted against the bill when it narrowly passed that chamber. Both Rockefeller and a recuperating U.S. Sen. Robert C. Byrd, D-W.Va., expressed reservations or outright opposition to the measure shortly afterward.

The bill "aims to reduce carbon emissions from coal-fired power plants over the next 40 years," the article said. "It establishes a program that allows pollution permits to be bought and sold."

But the article also notes that the Senate version of the measure is not expected to reach the floor of that body until September or October.

Protesters targeted Rockefeller's Charleston office Wednesday, MetroNews and WOWK-TV report, over cap and trade and other issues. The latter offers video. Cap and trade foes also plan weekend rallies at the state Capitol and in Beckley.

Battle over W.Va. Coal Slurry Continues

Lawmakers meeting for this month's interim study session have been urged to support an outright ban on the underground injection of coal slurry.

A recent, long-delayed study was inconclusive as to effects of the waste left over from mining on underground water supplies. But it did help prompt a moratorium on the practice.

With a companion study on slurry's health effects pending, "members of the Sludge Safety Project told a water resources interim committee that until the health effects, if any, of coal slurry are known, the practice should be considered unsafe," The Associated Press reports.

The group also dismissed the initial study as "inadequate," arguing it "doesn’t answer essential questions about how coal waste effects ground water supplies," AP's Tom Breen writes.

Others with coverage include The Charleston Gazette and Public Broadcasting.

Survey: Few States Eyeing Limits to Public Retiree Subsidies

A new survey released Wednesday suggests that "West Virginia may not have much company if it pursues ending health care subsidies for future public employees once they retire," The Associated Press reports.

With just five states offering no offsets for their retirees' health care coverage, the survey found that (updated) "officials in 45 states consider it unlikely that they'll end future retiree coverage. But officials in 17 states said they may move to limit subsidies for future retires within the next five years.."

AP recently reported on the public hearings meant to field comments about the subsidy proposal, and on the continued threat of a legal challenge by at least one group representing employees.

The Center for State and Local Government Excellence compiled the new survey, and has posted it online.

Audit Finds Even More Problems at Bluefield State

The latest in a series of audits scrutinizing Bluefield State College finds that the school "has management and oversight problems that affect everything from student debt to payouts at the bookstore," The Associated Press reports.

The review of two years' worth of financial records "found the college couldn’t locate inventory items including two automobiles, couldn’t provide documents fully accounting for more than $3.1 million in cash receipts and has been allowing students to receive credit and graduate despite unpaid tuition and fees," the article said.

AP's Tom Breen also writes that "Bluefield State President Albert Walker said the school has already begun formulating policies to put the audit’s recommendations into practice. In six months, when the auditors return for a checkup, Walker said the problems will be substantially corrected."

Others with coverage include The Charleston Gazette.

W.Va. Pol Still Hot for Welfare Drug Testing

A legislative interim committee expects to hear more today about one of the "bright, shiny objects" of their 2009 regular session, "a bill to mandate drug testing for recipients of public assistance," The Associated Press reports.

"Delegate Craig Blair has been asked to give a presentation on Wednesday about the idea to the Legislature's interim Select Committee on Health," AP's Tom Breen writes. "The Berkeley County Republican wants drug tests for people who receive food stamps, unemployment benefits and other public assistance he calls welfare."

Breen notes that the proposal "died in committee this year, and Blair unsuccessfully tried to bring it to the floor for a vote." The article adds that barring any further special sessions this year, "the Legislature won't actually vote on new bills until the 2010 regular session."

W.Va. Lawmakers Resume Gay Marriage Debate (Updated)

A House-Senate interim committee expects to hear from both sides Tuesday as it studies whether West Virginia should amend its constitution to define marriage as being between one woman and one man.

As The Associated Press reports, the state Family Policy Council and the national Alliance Defense Fund both plan to weigh in. So do opponents of the proposed amendment. The committee is slated to hear as well from "a law professor considered an expert on the West Virginia Constitution."

Update: AP has coverage from the two-hour hearing, as does MetroNews.

The council pushed for the necessary legislation during the regular session, but fell short.

MetroNews also sets the stage for Tuesday's hearing, and offers audio of key figures in the state debate: Stephen Skinner with the group Fairness West Virginia, and the family council's Jeremy Dys.

'74 Textbook Foes Plan Reunion

The Associated Press reports on a slated Aug. 22 reunion of those who sought to remove an array of textbooks from Kanawha County public schools in 1974, mounting a protest "that drew national attention to the state and erupted in violence."

Sparked by a then-member of the school board (who is expected to attend the South Charleston event), the protests "escalated until thousands of miners and other workers walked off their jobs in support of removing the textbooks," AP's Tom Breen writes. "Police confronted rock throwing and more serious violence: two elementary schools and the school board offices were bombed. Kanawha County schools were closed, with the superintendent warning of ‘mob rule.’

Reunion plans also include a Web site.

Lawsuit Still Likely over PEIA Retiree Subsidies

At least one group representing West Virginia workers remains keen on a legal challenge to a proposed end to retiree health care subsidies, The Associated Press reports.

"The American Federation of Teachers-West Virginia still plans to sue, President Judy Hale told The Associated Press, if the agency’s finance board reaffirms its May move to end subsidies starting with 2010 hires," the article said.

Hale said the recent series of six public hearings "have not resolved her group’s concerns with the board’s process. AFT-WV also questions whether such a change is possible without legislation," the report continues.

The Public Employees Insurance Agency said that around 500 people attended the hearings, with about 130 signing up to speak.

Rose Drops Bid for Federal Bench

Charleston lawyer and veteran Democrat Herschel "Ned" Rose II is withdrawing his name from consideration for a vacancy on the U.S. District Court bench in northern West Virginia, The Associated Press reports.

Both AP and The Charleston Gazette cite a joint statement from U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., who had recommended Rose for the post in January.

Lamenting his apparent decision (he did not respond to requests for comment Friday), the statement said Rose "possesses the intelligence, honesty, and quality of character to make an outstanding district judge, and his withdrawal is West Virginia's loss."

AP notes that the news "comes just days after President Obama nominated the two senators' other choice for the federal bench, Kanawha Circuit Judge Irene Berger."

West Virginian in Line for Obama Post

Spencer native Debbie Hersman awaits a U.S. Senate vote after President Obama nominated her to head the National Transportation Safety Board, "the agency that investigates civil transportation accidents," the Charleston Daily Mail reports.

"Since President Bush nominated her to the board in 2004, Hersman has been the member on scene at 16 major transportation accidents," the article said, adding that "the wife and mother of three is certified to drive motorcycles and commercial vehicles, including school buses and large trucks."

The Price of Drugs in W.Va.

West Virginia spent $333 million last year on drug- and alcohol-related crimes, "from initial police investigations all the way through parole," The Associated Press reports.

AP's Tom Breen highlights a new study from the state's Prevention Resource Center, which tracked costs from the 2005 through 2008 fiscal years for Gov. Joe Manchin's Partnership to Promote Community Well-Being.

"Based on those numbers, the report estimates West Virginia will be spending nearly $500 million on crimes linked to drugs and alcohol by the 2017 fiscal year," Breen writes. "The new report comes a week after another Manchin-appointed body made recommendations about reducing overcrowding in the state's 14 prisons and 10 regional jails."

Road and Bridges in W.Va.

A report released this week and reviewed by The Associated Press concludes that "West Virginia will need to find nearly $5 billion over the next 10 years to maintain roads and bridges that are already 'among the deadliest in the nation.'"

AP's Tom Breen offers the highlights of the latest study from TRIP, a transportation research group.

"The report found that 8 percent of the state's roads are in poor condition, and another 29 percent are in mediocre condition," Breen writes. "On top of that, 15 percent of bridges 20 feet or longer are classed as 'structurally deficient' and another 22 percent are 'functionally obsolete.'"

Capito Tops W.Va. Delegation for Privately Funded Trips

U.S. Rep. Shelley Moore Capito, R-2nd, and her office accepted more private funds for travel between 2005 and 2008 than the rest of the state's congressional delegation combined, the Charleston Daily Mail reports.

The article cites a Wall Street Journal review of records amassed by the Center for Responsive Politics.

It lists an adjusted price tag of $16,940 for seven trips by Capito or her staff. Her office disputes an eighth trip, priced at $4,001.

"Following her are the Democrats: Rep. Nick Rahall, seven trips at $5,415; Sen. Robert Byrd, five trips, $7,101; Sen. Jay Rockefeller, one trip, $3,228; and Rep. Alan Mollohan, one trip, $133," the article said.

The article notes that "West Virginia's congressional delegation is nowhere near the top of Capitol Hill's frequent flyers."

Obama Nominates Berger for Federal Bench

President Barack Obama has nominated Kanawha Circuit Judge Irene Berger for the U.S. District Court bench, The Associated Press reports.

Berger would succeed Judge David Faber in the state's southern federal court district.

"She has served as a circuit judge for 15 years," AP reports. "She also has served as an assistant prosecutor in Kanawha County and with the U.S. Attorney’s Office."

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., had recommended Berger for the judgeship in January.

Belated Quote of the Day

"When you call the governor up at 7:15 in the morning and get him out of bed [to ask for a helicopter] - it's pretty neat."

-- Len Rogers, president of the West Virginia Soccer Association, to The Charleston Gazette about enlisting Gov. Joe Manchin to order an Air National Guard Black Hawk chopper to blow water on a rain-soaked soccer tournament field.

The Charleston Daily Mail later quoted a $22,466 price tag for the sortie, meant to aid the U.S. Youth Soccer National Championships. "It was the first time the Region 1 championships have been held in West Virginia," that article noted.

Happy New Year, West Virginia

New fiscal year, that is. West Virginia is among all but a handful of states that start their budget years on July 1.

The Associated Press reports that the Mountain State emerged from the previous, recession-plagued year with "a trio of positive signs for state government’s finances:" a slight general revenue surplus, lottery revenues on track to at least meet projections, and rebounding Wall Street investments.

But the article continues that continuing economic troubles and other factors "overshadow each fiscal indicator."

AP reported earlier on the 2009 legislation that took effect July 1. Those new laws include "Gov. Joe Manchin's proposal to boost alternative and renewable energy sources."

West Virginia also received some bad, but not necessarily unexpected, numbers to kick off the new fiscal year. As AP, MetroNews and Public Broadcasting (with audio) report, "a new national study calls West Virginia the third-fattest state in the country."

W.Va. Auditor Scam Suspect Arraigned

West Virginia's was not the only state government hit by an international fraud ring, but the money it unwittingly gave to the scammers is less likely to be recovered, The Associated Press reports.

Federal prosecutors provided new details in the case Tuesday while arguing for the continued jailing of Angella Muthoni Chegge-Kraszeski, "the sole suspect so far arrested and identified in the alleged scheme," the article said.

A U.S. magistrate judge agreed, after setting the 33-year-old's trial for Aug. 31.

As AP reports, the scam allegedly sought to dupe officials into rerouting payments meant for businesses that provide goods and services to their state's agencies and programs.

The indictment alleges that they succeeded in West Virginia, where they tricked the auditor's office into sending them $919,000 due a vendor.

Prosecutors alleged Tuesday that more than $3 million had been diverted as a result of the scheme, and that it had also targeted Florida, Kansas and Massachusetts.

But the money scammed elsewhere apparently did not reach Kenya, as nearly all the West Virginia funds had. Two weeks before her arrest, Chegge-Kraszeski found she could not access some of the dummy bank accounts set up to funnel defrauded money, her lawyer said.

Federal prosecutors credited the financial crimes unit of the North Carolina state Bureau of Investigation with developing the case. Their officers arrested Chegge-Kraszeski in May.

Toll Hike Looming for W.Va. Turnpike (Updated)

The parent agency of the West Virginia Turnpike is poised to increase toll rates on the 88-mile roadway, The Associated Press reports.

AP's Tom Breen sets the stage for Wednesday's meeting of the Parkways, Economic Development and Tourism Authority on the subject.

(Update: Breen reports that the authority voted unanimously to hike the tolls, effective Aug. 1. As expected, they will rise "for passenger vehicles from $1.25 to $2 and for large trucks from $4.25 to $6.75."

The updated article also said that "steep discounts were approved for motorists who purchase EZ Pass commuter passes. They will pay $1.30 for passenger cars and $5.40 for large trucks.")

The agency held several public hearings on the toll rate question, after releasing an engineering report and projections on traffic and toll revenues as well as other information to get the ball rolling.

"The authority said toll increases are needed to keep the 88-mile highway between Charleston and Princeton from falling into further disrepair," Breen writes, adding that area residents and their elected officials "say the toll discriminates against southern West Virginia residents. They oppose any increase."

Both The Charleston Gazette and The Register-Herald of Beckley reported that toll hike critics were "insulted" that the authority is holding Wednesday's meeting in Charleston instead of the Beckley area as originally planned.

Others previewing Wednesday's meeting include the Charleston and Beckley newspapers, as well as MetroNews.

Byrd Released from Hospital

The office of U.S. Sen. Robert C. Byrd announced Tuesday that the ailing 91-year-old Democrat "has been released from the hospital and is at his West Virginia home recuperating from a more-than monthlong illness," The Associated Press reports.

The statement also said that Byrd is "continuing physical therapy as he recovers from a staph infection he contracted while hospitalized for another infection," that "he's looking forward to celebrating the nation's birthday with his family," AP reports.

They Will Vote for You: Cap and Trade before U.S. Senate

West Virginia's U.S. senators are sizing up the federal cap and trade legislation that narrowly passed the House last week, and without the support of their Mountain State counterparts in that chamber.

Aides to the ailing Sen. Robert C. Byrd issued a statement Monday that said the senior Democrat "'cannot support' the American Clean Energy and Security Act 'in its present form,'"The Charleston Gazette reports. "Sen. Jay Rockefeller's office also issued a statement that said Rockefeller 'continues to have serious concerns about the House bill.'"

The News and Sentinel of Parkersburg also checks in with Byrd and Rockefeller, D-W.Va., on the climate bill issue, as does The Register-Herald of Beckley.

The Beckley newspaper as well as MetroNews and Public Broadcasting (respective audio here and here), also report on a new group rallying against the measure.

Southern West Virginians for Coal "is trying to stop legislation from putting a price tag on carbon emissions," the latter reports, adding that the group is getting "financial support from the West Virginia Conservative Foundation."

"The idea started with concerned citizens at the Tax Day Tea parties, a protest against government spending," the Public Broadcasting item continues.

A photo with the Beckley article shows that supporters include Greg Thomas, perhaps best known as a political operative for Massey Energy Co. CEO Don Blankenship.

Lynndie England Speaks

Having achieved worldwide infamy while still in her early 20s, "the woman who became the grinning face of the Abu Ghraib prisoner abuse scandal spends most of her days confined to the four walls of her home," The Associated Press reports.

AP spoke to Lynndie England as the ex-Army reservist, single mother and West Virginia resident prepares to launch a book touring promoting her new authorized biography.

Out of prison now for more than two years and appealing her conviction in the scandal, England "hasn't landed a job in numerous tries," the article said. "When one restaurant manager considered hiring her, other employees threatened to quit."

AP also spoke to the lead prosecutor in her case, who rejects attempts by England and others to portray her as a scapegoat and has a book of his own in the works. The article also features England's biographer, Gary Winkler.

"Some days I liked her. Some days I hated her," Winkler told AP. "Some days I thought she should be in prison still, and some days I felt sorry for her."

Massey Lawsuit vs. W.Va. Supreme Court Resumes

This month's U.S. Supreme Court ruling addressing judicial recusal has prompted a federal judge to reactivate a lawsuit on the topic filed against West Virginia's high court, The Associated Press reports.

Both cases also involve Massey Energy Co., which filed the pending lawsuit and found itself on the losing end of the June 8 decision.

The suit asks U.S. District Judge John T. Copenhaver Jr. "to declare as unconstitutional the state court's policy governing how judges may recuse themselves from hearing cases," the article said. "Lawyers for the Richmond, Va.-based company argue that the court's standard violates the right to due process guaranteed by the 14th Amendment."

Copenhaver has asked both sides to weigh in on how to proceed, and has extended the deadline for responding from Monday to Friday as requested by Massey.

The article notes that some of Massey's allies in the U.S. Supreme Court case defended West Virginia's recusal rule and argued against "second-guessing by the federal courts regarding such state-crafted policies."

Lawyers representing seven states, led by Alabama Attorney General Troy King, filed one "friend of the court" brief that said that "the States are uniquely well-situated to regulate recusal practice in their own courts and have been both vigorous and innovative in doing so," AP reported.

Capito Stock Sales Eyed

The Plain Dealer of Cleveland included Rep. Shelley Moore Capito, R-2nd, among "several members of Congress who oversee the banking industry" and who "were grabbing up or dumping bank stocks" while "financial markets tumbled and the government worked to stave off panic by pumping billions of dollars into banks last fall."

After reviewing financial disclosure reports, the newspaper concluded that "anticipating bargains or profits or just trying to unload before the bottom fell out, these members of the House Financial Services Committee or brokers on their behalf were buying and selling stocks including Bank of America and Citigroup -- some of the very corporations their committee would later rap for greed."

Capito merits a mention because her stockbroker husband "sold more than $100,000 in Citigroup stock in several transactions late last year. His brokerage firm was owned by Citigroup and his compensation included Citigroup stock."

"A Capito spokesman said the House Ethics Committee gave her verbal approval to join the committee despite her husband's job," the newspaper reported.

Manchin on the Job

The Associated Press checked the whereabouts of most of the nation's governor's last week, in the wake of the bombshell that South Carolina Gov. Mark Sanford "disappeared on a seven-day trip to see a woman in Argentina with whom he was having an affair."

Where did AP find West Virginia Gov. Joe Manchin? "(A)t Charleston's Yeager Airport waiting to greet the first arriving flight of a new air service from Florida," the report said.

They Voted For You: Cap and Trade

West Virginia's three U.S. House members all opposed the American Clean Energy and Security Act when it narrowly passed to the Senate late Friday.

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, each voted against the bill in the 219-212 roll call.

"The complex bill would require the U.S. to reduce carbon dioxide and other greenhouse gas emissions by 17 percent from 2005 levels by 2020 and by 83 percent by midcentury," The Associated Press reports. "Opponents complain about the costs and say some industries will simply move their operations and jobs out of the U.S. to countries that don't control greenhouse-gas emissions."

The AP article reflects other arguments for and against the bill, while another reports that additions to the bill "would actually result in the nation burning more coal a decade from now than it does today."

With these provisions, the House bill "gives utilities a financial incentive to keep burning coal and buy 'offsets' to make up for the resulting emissions," that article said, and "also restricts a legal tool that environmentalists have relied on to block the construction of dozens of coal-fired power plants."

That article notes further that the bill as amended "spends billions of dollars on research into so-called 'clean coal' technology, which seeks to scrub the carbon emissions from coal before they make their way into the atmosphere, then store those emissions underground."

Analyzing Friday's vote, The National Journal reports that "thirty of the 121 Democrats from states that generate at least 40 percent of their power from coal voted against the bill; just 14 of the 134 Democrats from states that are less reliant on coal joined them in opposition. That means about one-in-four of the coal state Democrats voted no, compared to only a little over one-in-10 of everyone else."

That report also observed that "of the 49 House Democrats who represent districts that McCain carried last year, fully 29 voted against the measure... Similarly, seven of the eight Republicans who supported the measure represent districts that backed Obama last November."

Quote of the Day

"I'm as much of an environmentalist as anybody else. I'm just not an obstructionist."

-- Gov. Joe Manchin, when asked by The Charleston Gazette and other media about "Tuesday's clash between Massey Energy coal miners and those protesting mountaintop-removal mining." The latter group included actress Daryl Hannah, NASA scientist James Hansen and West Virginia elder statesman Ken Hechler, The Associated Press and others reported.

They Will Vote For You: Cap and Trade

The Intelligencer of Wheeling reports that "Reps. Alan Mollohan (D-1st) and Nick Rahall (D-3rd) have yet to decide how they will vote on a 'cap and trade' energy bill, even though that legislation could be voted on as early as next week."

Rep. Shelley Moore Capito, R-2nd, meanwhile "U.S. Rep. Shelley Moore Capito, R-W.Va., "remained firm in her concerns over the bill," the newspaper reports, and "wonders where the bill will leave states like West Virginia that produce 98 percent of their energy from coal."

The article explains that "the cap and trade bill, also known as the American Clean Energy and Security Act of 2009, would require an 83-percent reduction in greenhouse gas emissions by 2050," and "also would make it extremely expensive for industries to buy permits to burn fossil fuels."

Gambling in W.Va.

Clarksburg's Elks lodge is taking an array of state officials to court as it fights to keep in business in the wake of a raid targeting 144 video raffle machines, The Associated Press reports.

"The lodge seeks the return of its liquor license, which the Alcohol Beverage Control Administration suspended the day of the raid," the article said. "It is also fighting to keep its licenses to offer charitable bingo and raffle games as well as limited video lottery machines."

As AP observes, the court case centers on the legal status of the raffle machines. But the lodge's desire to offer those machines also underscores the ongoing tension created by the limited video lottery machines competing with the longer-established but fading raffles and bingo games allowed for charities and service organizations.

The Journal of Martinsburg, meanwhile, reports on West Virginia's newest form of legalized gambling - casino table games - and the renewed debate over seeking them for Charles Town Races & Slots.

Belated Quote of the Day

"No. I think that's so callous... What I'm reading and hearing, the speculation is just awful."
-- Gov. Joe Manchin to The Associated Press, when asked if he discussed replacing an ailing U.S. Sen. Robert C. Byrd, D-W.Va., during a much-reported phone call with Senate Majority Leader Harry Reid, D-Nev.

(Reports also had state Democratic Party Chairman Nick Casey taking part in the call. Not so, Casey told AP.)

2nd Special Session Adjourns

"West Virginia's Legislature has finished its latest special session after voting to increase state spending by $39.1 million," The Associated Press reports. "The House of Delegates on Wednesday approved all six supplemental appropriation bills proposed by Gov. Joe Manchin and unanimously passed by the Senate on Monday."

Lottery Looks at Indicted Operator (Updated)

The West Virginia Lottery Commission plans to discuss the recent federal indictment of former legislator Joe C. Ferrell and his Southern Amusement Co., The Associated Press reports.

Update: Asked by Lottery Director John Musgrave to suspend the company's license, the commission instead voted to hold off until its July meeting. In the meantime, it wants the attorney general's office to seek approval from the federal judge who ordered Ferrell's assets preserved, as they have been targeted for forfeiture by prosecutors.

As AP explains, "Southern Amusement is one of the state's largest suppliers of 'limited' video lottery machines to licensed bars and clubs. With permits for 675 devices, the most allowed any one operator, the Logan County company currently leases 640 poker- and slot-style machines to 128 retail locations...(that) rake in $2.3 million a month."

AP reported earlier that among other offenses, the 48-count indictment alleges Ferrell ran illegal gambling rackets in both West Virginia and Kentucky, and bribed a Lottery inspector to help his business.

They Voted for You: War Funding

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass funding legislation that The Associated Press described as "a major step in providing commanders in Iraq and Afghanistan the money they would need for military operations in the coming months."

Rep. Shelley Moore Capito, R-2nd, voted against the measure along with all but five of the House GOP members present for the 226-202 roll call.

AP explains that "anti-war Democrats opposed continued war spending and Republicans condemned $5 billion in the measure to secure a $108 billion U.S. line of credit to the International Monetary Fund for loans to poor countries."

"The $106 billion measure, in addition to about $80 billion for military operations, provides for an array of other spending priorities, including $7.7 billion to respond to the flu pandemic and more than $10 billion in development and security aid for Pakistan and Iraq as well as countries such as Mexico and the nation of Georgia," the article said.

W.Va. Lawmakers Warned about Economy

Manchin administration budget officials have told legislators this week to "expect the recession to continue to hurt the state's economy for at least another year," The Associated Press reports.

The officials cite several general revenue taxes that serve as economic indicators. The paltry returns from one of these, levied on property transfers, "suggest the state hasn't yet hit economic bottom," the article said.

Byrd Watching

Starting physical therapy as he recovers from a serious infection, U.S. Sen. Robert C. Byrd, D-W.Va., may leave the hospital soon but does not expect to return to Capitol Hill this week, The Associated Press and others report, citing a release from his office.

The Hill is among those with updates on the 91-year-old Byrd, history's longest-serving U.S. senator. It observes that he "was initially hospitalized on May 15 for a 'minor infection,' and later developed a staph infection while undergoing treatment."

But that Beltway newspaper is also among those citing a column item from The Charleston Gazette this weekend, which said that Byrd's health "has prompted some quiet, behind-the-scenes discussions in the event the senator is unable to return to office."

The Gazette reported that Senate Majority Leader Harry Reid, D-Nev., discussed "contingencies" with Gov. Joe Manchin and state Democratic Party Chairman Nick Casey during a conference call last week.

"Casey is generally regarded as the consensus choice to serve as a placeholder for Byrd's Senate seat in the event Byrd would have to step down prior to the 2010 elections," the column said.

Others picking up the item include Political Wire as well as Politico, which said it "set off a mini-firestorm."

But the latter also follows-up by reporting Tuesday that Reid "confirmed that he spoke to Manchin — but not about replacing Byrd."

"When asked if the possibility of Byrd having to step down was discussed, Reid replied: 'No, we’ve acknowledged he’s sick. That’s the size of it,'" that article said.

Politico also spoke to Manchin Chief of Staff Larry Puccio, who said that Manchin and Reid spoke "'eight or 10 days ago,' one on one. The pair discussed 'how Sen. Byrd was doing and matters before the Senate' that affected the state, he added."

The Gazette also has another article Tuesday. It reports on the update from Byrd's office and the physical therapy news as well as on his request to his successor as chair of Senate Appropriations, Sen. Daniel Inouye, D-Hawaii, "to help promote the new Homeland Security Appropriations bill, which proposes a 7 percent spending increase."

They're Ba-aack (Updated)

The Legislature returns for its second special session of 2009 (and its fourth overall, if you count the extended session for the budget separately), this time to consider end-of-the-fiscal-year funding measures.

As The Associated Press reports, "Gov. Joe Manchin wants the House and Senate to consider 18 supplemental appropriation proposals starting Monday, while they're already slated to hold interim study meetings."

The measures include funding for "public schools, higher education, social services and roads, among other areas," the article said. "At least some of the measure are meant to make up for spending cuts in the new budget."

Update: The Senate has unanimously passed its versions of the six bills containing Manchin's funding proposals, which total $45.3 million and include $39.1 million in new spending. AP has details.

More Fallout from SCOTUS' Benjamin Ruling (Updated)

As early as Monday, Gov. Joe Manchin is expected to announce appointees to his Independent Commission on Judicial Reform.

(Update: Manchin made his picks, AP reports, and retired U.S. Supreme Court Justice Sandra Day O'Connor has agreed to serve as honorary chair.

As for the nine voting members, "appointees include Mary McQueen, president of the National Center for State Courts; former state Justice John McCuskey; retired Kanawha Circuit Judge Andy MacQueen; and former gubernatorial aides Thomas Heywood and Carte Goodwin," that article said. "Rounding out the commission are State Bar President Sandra Chapman, prominent Charleston trial lawyer Marvin Masters, and both Dean Joyce McConnell of West Virginia University's law school and Associate Dean Caprice Roberts.")

Exhibit A for this nine-member panel may be last week's U.S. Supreme Court ruling. As The Associated Press reports, "the 5-4 decision faulting state Chief Justice Brent Benjamin for failing to recuse himself from a case speaks to several of the topics that Manchin has assigned."

The article also notes that "as the governor has given his commission until Nov. 15 to issue a report, he is unlikely to propose or endorse any policy changes prompted by the ruling before then."

"His office signaled as much after Senate Judiciary Chairman Jeff Kessler urged him to pursue legislation on the topic during the special session scheduled to coincide with this week’s interim meetings," the article said.

Topics might also include the state's existing recusal standard for judges and justices. The article notes that "the state court also released a “personal” statement from Benjamin. “I am pleased that the Supreme Court has not questioned my ethics, my integrity or my personal impartiality or propriety,” he wrote, adding that “the Supreme Court’s majority opinion recognizes that there is no ’white line’ to guide judges like me.”"

But as AP reported:

The U.S. Supreme Court decision noted that Benjamin “did undertake an extensive search for actual bias. But,” it continued, “as we have indicated, that is just one step in the judicial process; objective standards may also require recusal whether or not actual bias exists or can be proved.”

Invoking language from previous rulings, the U.S. justices concluded that the timing of Massey’s appeal and the “significant and disproportionate influence” of Chief Executive Don Blankenship’s spending “offer a possible temptation to the average ... judge to ... lead him not to hold the balance nice, clear and true.”

“The failure to consider objective standards requiring recusal is not consistent with the imperatives of due process,” Justice Anthony Kennedy wrote for the majority. “On these extreme facts the probability of actual bias rises to an unconstitutional level.”

The decision also said that states “may choose to adopt recusal standards more rigorous than due process requires,” but noted as well that “almost every State — West Virginia included — has adopted the American Bar Association’s objective standard: ’A judge shall avoid impropriety and the appearance of impropriety.”’

The governor plans to appoint at least two lawyers, two law professors and two retired jurists to this commission, the article said.

"Manchin’s executive order, signed in April, enlists both the dean of West Virginia University’s law school and the president of its State Bar to serve on the study commission as nonvoting members," AP explains. "Manchin also suggested “a person of special expertise” as honorary chair. Retired U.S. Justice Sandra Day O’Connor has been touted for that seat, but has not yet commented publicly on the offer."

Byrd's Condition Spurs GOP Questions

The Charleston Daily Mail invites various state GOP officials to weigh in on the continued absence of U.S. Sen. Robert C. Byrd, D-W.Va.

The Associated Press reported Monday that "hospitalized in mid-May with a high temperature," history's longest-serving U.S. senator "is not expected back at work this week" as he continues to recover from a staph infection he had since developed.

The Daily Mail quotes several Republicans who "are questioning why his staff hasn't been more forthcoming with details on his condition," and "say his constituents deserve to know a little more. After all, they've supported Byrd all of these years."

The 91-year-old has missed a series of votes, including Thursday's 79-17 passage of historic legislation that AP reports would give the federal government "broad authority to determine how cigarettes will be made, marketed and sold."

Sen. Jay Rockefeller, D-W.Va., voted for that measure, which could reach President Obama after a final House vote Friday.

Federal Judge OK's Politicking in W.Va. Parks

Political parties can seek petition signatures in West Virginia's state parks, a federal judge has ruled.

U.S. District Judge John P. Bailey found that the Division of Natural Resources violated free speech rights with its policy requiring written permission for such petition drives, The Associated Press reports.

"The Charlottesville, Va.-based Rutherford Institute filed the lawsuit in 2008 on behalf of the Constitution Party of West Virginia," the article said. "Party members wanted to use a National Hunting and Fishing Day event at Stonewall Jackson Lake State Park in Lewis County to collect signatures to put their candidates on West Virginia’s ballot."

Quote of the Day

"We were on the cutting edge on that issue, and then the knife got dulled by those dumb-asses in G.O."

-- House Health and Human Resources Chairman Don Perdue, D-Wayne, referring to this session's calorie count bill and its death at the hands of a Government Organization committee gorged with Tudor's Biscuits and other fast food, as quoted by The Charleston Gazette.

Obama Unveils MTR Policy; W.Va. Reacts

The Obama administration plans to "eliminate the expedited reviews that have made it easier for mining companies to blast off Appalachian mountaintops and discard the rubble into valleys where streams flow," The Associated Press reports.

An agreement reached by three federal agencies "also includes changes to tighten federal oversight and environmental screening" of mountaintop removal mining in six states, including West Virginia.

The AP article notes that such mines "in the states where the practice is most used - West Virginia, Virginia, Kentucky and Tennessee - produce nearly 130 million tons of coal each year, or about 14 percent of the coal that produces electricity, and employ about 14,000 people."

The Charleston Gazette reports that "the Obama proposals did not please critics from either side."

"Coal industry officials said the initiative creates more uncertainty about the hoops companies must jump through to open new mines, while environmental groups objected that more concrete steps were not taken to immediately slow the destructive mining practice," that article said.

MetroNews similarly reports that "none of the interested parties in the controversial mountaintop removal mining process appear satisfied" with Thursday's announcement.

Gov. Joe Manchin and his environmental protection secretary issued a joint statement reacting to the proposals, as did U.S. Rep. Shelley Moore Capito, R-2nd.

More Tough Sledding for W.Va. Muni Elections

This week's municipal elections saw the polls open in Bruceton Mills, Preston County (pop. 74) for just two hours Tuesday, The Associated Press reports.

Mayor Lisa Loughry told AP's Vicki Smith that the town lacked enough volunteers for the state-required 13 hours.

"According to state code, poll workers cannot be office holders or related to anybody on the ballot. That pretty much limits it," Loughry said. "Then you have people who work. Plus, this is a community of older people who can't sit at the polls all day."

But, the shortened hours still allowed "21 of the town's 30 registered voters cast ballots in uncontested elections for mayor and council," the article said. (Loughry did not run.)

The article also cites legislation passed during this year's regular session "to allow towns of less than 2,000 to conduct early voting by mail."

During the 2007 municipal elections, just 215 Morgantown residents showed up to vote with the mayor's office and seven council seats on the ballot.

Indicted Company Major Player in W.Va. Lottery System

The Associated Press follows up on the 48-count federal indictment against ex-lawmaker Joe C. Ferrell and his Southern Amusement Co. by focusing on the charges that involve the West Virginia Lottery.

The article cites the company's status as one of the largest providers of "limited" video lottery machines in the state:

The Logan-based Southern Amusement is licensed to lease 675 machines, the maximum allowed for any single business, to bars and clubs that offer the state's "limited'' video lottery.

Of the 37 operators allowed to lease machines to retailers, only one other has as many permits. About 8,100 of the poker- and slot-style lottery machines were hosted at 1,628 bars and clubs across the state last month.

The indictment puts Ferrell "atop an illegal gambling racket that began in West Virginia in mid-1995, when he bought Southern Amusement, and later extended into Kentucky this decade," the article said.

The article also explains that "West Virginia began offering video lottery machines in licensed bars and clubs in 2002, after outlawing similar, privately owned devices found at thousands of locations statewide and widely believed to be paying out illegally. Southern Amusement provided such "gray'' machines until they were banned, and the case's main racketeering count accuses Ferrell of a hand in that illegal gambling."

Five of the counts allege Ferrell bribed a Lottery investigator who serviced his machines while both on the state clock and after-hours, and refrained for issuing citations against both Southern Amusement and its customers for Lottery violations.

The investigator then mailed four disclosure statements over the course of as many years, falsely denying she had received any gifts from any Lottery licensees, the indictment alleges.

AP and The Charleston Gazette report that the Lottery Commission plans to discuss the recently unsealed indictment at its meeting next week.

Quote of the Day

"It is unfortunate that the Supreme Court's ruling is being reported as a matter of corporate influence and judicial review."

-- Massey Energy CEO Don Blankenship, responding to this week's U.S. Supreme Court decision against his company, as reported by The Associated Press.

They Voted for You: Clunkers

West Virginia's U.S. House delegation helped pass a "cash for clunkers" bill that, as The Associated Press reports, "aims to boost new auto sales by allowing consumers to turn in their gas-guzzling cars and trucks for vouchers worth up to $4,500 toward more fuel-efficient vehicles."

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all voted for the Consumer Assistance to Recycle and Save Act in the 298-119 roll call.

"Supporters pushed for the measure to stimulate car sales and increase the fleet of fuel-efficient vehicles on the nation's highways," AP reports. "The auto industry has sought the incentives after months of poor auto sales. In May, overall sales were 34 percent lower than a year ago."

But to opponents, "the bill failed to include incentives for used vehicles and represented an artificial incentive for the industry," the article said.

Ex-Lawmaker Indicted on 48 Counts

Former Delegate Joe C. Ferrell, D-Logan, has been indicted on 48 federal county that allege such offenses as "bribery, vote buying and running illegal gambling rings in West Virginia and Kentucky," The Associated Press and others report.

A number of the charges involves Southern Amusement Co., Ferrell''s video lottery machine leasing business.

The indictment, handed up last week but unsealed Monday, is not Ferrell's first brush with the law, AP reports:

Ferrell had served three terms in the Legislature when he pleaded guilty in 1992 to illegal campaign spending. He had promised not to seek office again as part of his agreement with prosecutors. That proved non-binding because he had been convicted of only a misdemeanor, and he ran again in 1998 and won.

During another four-term stint as a delegate, the FBI raided Southern Amusement in June 2005. Later that year, federal prosecutors named him a "cooperating witness" in a vote-buying conspiracy case that successfully targeted then-Sheriff John Mendez and other Democratic officials on election fraud charges.

Others with coverage include The Charleston Gazette, which offers a copy of the indictment, and MetroNews.

The Impact of Benjamin's Forced Recusal (Updated)

Following up on Monday's 5-4 decision by the U.S. Supreme Court "that faults state Justice Brent Benjamin for not recusing himself from a case involving a generous campaign supporter," The Associated Press reports that the ruling "may aid a pending review of West Virginia's court system, but legal experts differ on its overall effect."

Groups such as the Justice at Stake Campaign, which weighed in on the case's prevailing side, welcomed the ruling as "a critical first step," said Bert Brandenburg, its executive director. "But states that elect judges must get to work now, to keep campaign cash out of our courts of law."

However, others observe that the ruling may prove too case-specific.

"If the people who are hostile to judicial elections are able to expand the decision, it would making have judicial elections very difficult, but as written this decision is extremely narrow and seems only to apply to the most extreme situation," said lawyer James Bopp, who filed a brief on behalf of the James Madison Center for Free Speech in support of the losing side.

AP also notes that the ruling comes just as "Gov. Joe Manchin commissioned the latest in a series of studies of the state's court system."

"Today's Supreme Court decision is one more piece of information that needs to be considered in making recommendations about our judicial system and any reforms that the commission may recommend," Manchin spokesman Matt Turner told AP.

Update: Coverage of and reaction to Monday's ruling has been national in scope, with numerous major media outlets reporting and opining on the outcome.

Among them is the Law Blog of The Wall Street Journal, which posted thusly: "We checked in with assorted and sundry smart people to get their view on the Massey Coal ruling. The consensus reaction, it seems: happiness."

Update II: The WSJ's editorial writers are less thrilled.

U.S. Supreme Court: Benjamin Should Have Recused Self from Massey Case

By a 5-4 vote, the U.S. Supreme Court has ruled that "that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias," The Associated Press reports.

"The West Virginia case involved more than $3 million spent by the chief executive of Massey Energy Co. to help elect state Supreme Court Justice Brent Benjamin," the article said. "At the same time, Massey was appealing a verdict, which now totals $82.7 million with interest, in a dispute with a local coal company. Benjamin refused to step aside from the case, despite repeated requests, and was part of a 3-2 decision to overturn the verdict."

"Not every campaign contribution by a litigant or attorney creates a probability of bias that requires a judge's recusal, but this is an exceptional case," AP quotes Justice Anthony Kennedy as saying in his opinion for the court.

Keeping Money for a Rainy Day in W.Va.

West Virginia is among a dozen states that seeks to maintain a "rainy day"fund that equals 10 percent of its general revenues. But as The Associated Press reports, some Republican lawmakers have been questioning both the size of the Mountain State's emergency reserves and its potential uses.

Gov. Joe Manchin and fellow Democrats who control the Legislature have been faulted for failing to tap the fund for the recently passed state budget, or to shore up the unemployment compensation program.

The article cites the National Conference of State Legislatures, which opines that "budget experts and observers debate the amount states should accumulate in their budget stabilization funds... Suggested levels can vary according to individual state circumstances, specific economic conditions or access to atypical revenue sources, such as vast mineral resources."

AP also reports that "the recession is sorely testing the states' target reserve levels, according to this month's Fiscal Survey of the States from the National Governors Association and the National Association of State Budget Officers."

"All five of West Virginia's neighbors were among the 23 states that relied on rainy day funds to ensure their current budgets balanced, the survey shows," the article said. "Fifteen states will tap those reserves for their upcoming budgets. But just four surrounding states can take that step: Kentucky all but exhausted its fund to aid this year's spending."

Obama Appoints Critic of W.Va. Policy to Health Care Post

The Obama administration's new director of the federal Center for Medicaid and State Operations had headed one of several groups critical of West Virginia's "redesign" of its Medicaid program for the poor, The Associated Press reports.

Cindy Mann has been appointed to lead an agency that "wields tremendous power, developing policies and procedures and evaluating the effectiveness of state agencies that run Medicaid programs," the article said.

Mann had been executive director of Georgetown University's Center for Children and Families, which last year estimated that "93 percent of children eligible in the state for the Mountain Health Choices Plan faced loss of some coverage," AP reports.

AP's Tom Breen notes that "at the time, state Medicaid officials slammed the report, calling it a rehash of old information and dismissing its criticism as off the mark."

But with other foes of the plan to modify Medicaid "excited" by the pick, Manchin administration officials "say they hope Mann's leadership will help give the program a chance to work as it was designed," Breen writes.