The Register-Herald, Beckley, West Virginia

March 12, 2010

Senator: Money will be there for races

By Mannix Porterfield
Register-Herald Reporter

CHARLESTON — CHARLESTON — Money is not an obstacle when the time comes to throw public cash into the campaigns of two Supreme Court races, Senate Judiciary Chairman Jeffrey Kessler says.

Finance Chairman Walt Helmick, D-Pocahontas, true to his tight reigns on state spending, sliced out some funding mechanisms in the pilot project to finance two high court races in 2012.

But that’s two years away, Kessler emphasized Friday, and with Gov. Joe Manchin’s support, the pilot project won’t suffer from a lack of money.

Senators easily passed the bill a short time afterward, 26-7. No votes were cast by Sens. Clark Barnes, R-Randolph; Donna Boley, R-Pleasants; Karen Facemyer, R-Jackson; John Pat Fanning, D-McDowell; Mike Hall, R-Putnam; Truman Chafin, D-Mingo; and Dave Sypolt, R-Preston. Sen. Don Caruth, R-Mercer, was absent.

In the worst case scenario, if three candidates from both major parties ran in the primary, the project would, at least on paper, fall $2 million shy, Kessler said.

“But I’ve got assurances from the governor, now that this is his bill, and from the finance chairman, this will not fail because of inadequate funding,” Kessler, D-Marshall, said. “If we need more money down the road, we’ll find the money and put it in, even if it comes out of general revenue or somewhere else.”

Every fee Manchin proposed in the bill to pump dollars into the pilot project were erased by Helmick’s committee, and this move then was approved when the bill was at amendment stage.

Special magistrate court fees of $10, circuit and family courts of $20, appeals to the Supreme Court that run $100 and the registration fees newly approved lawyers pay, running from $50 to $75, fell to Helmick’s ax.

“We’re going to have a legitimately, adequately funded public financed pilot project in 2012,” Kessler said.

“We’re not going to send this boat down the river without a rudder. We’re going to make sure it’s fully funded to whatever extent necessary.”

Scientific polling Kessler provided at a recent news conference showed the idea of limiting Supreme Court candidates to tax dollars enjoys overwhelming support by Republicans and Democrats alike.

The idea is to remove the perception that high rollers can expect a favor in turn if their candidates win seats on the bench.

The bill would provide $200,000 per candidate in a primary and up to $350,000 in the general campaign.

“We will find the money to make sure that people have a fair opportunity to have an election process of our highest court, devoid of any money if folks choose to do this,” he said.

Eventually, Kessler feels, the idea could be expanded to other elective offices.

“North Carolina loves it,” he said. “Every one of the judges down there voluntarily agreed to sign up for the program.

“They don’t like having to go out to the business community, the legal community and the litigants that are going to come before them, and say, ‘Help me get elected,’ and then have at least the undercurrent perception that it’s a wink, wink, nod, nod when they go before that judge.”