The Register-Herald, Beckley, West Virginia

Local News

March 9, 2009

Berkeley delegate wants judges’ donations disclosed in trials

By Mannix Porterfield

CHARLESTON — Before the first shred of evidence is put before a jury, members would know how much — if anything — opposing attorneys dumped into the presiding judge’s campaign chest, in a House bill coming out this week.

Its chief sponsor, Delegate Jonathan Miller, feels the idea is likely the best means of pushing some judicial reform in this legislative session.

“What I want to get is disclosing contributions to sitting judges from attorneys, first and foremost,” Miller, R-Berkeley, said Monday. “They are very involved in these lower races, circuit judges and family court. And I want disclosure to be compelled.”

Miller is labeling his proposal the “Jim Kramer Rule,” named after the investment guru, who, under Securities Exchange Commission rules, must disclose his personal holdings before pitching any stock.

“That’s not something he does out of the goodness of his heart,” Miller said. “It is law that he has to do this. The reason behind that is to make his advice seem more credible and eliminate any appearance of impropriety of him pitching a stock without disclosing he owns it. (Otherwise) he may be pitching that stock simply to drive up the price so he can make more money.”

Miller wants to apply the same principle to civil cases aired in West Virginia courts.

The delegate prefers to see the creation of a merit selection in picking judges, but says this idea isn’t likely to be accepted for many years.

For now, Miller is convinced the “Kramer Rule” would best suit West Virginia’s judicial needs.

Miller’s legislation would rely on a database kept by the state Supreme Court and would provide jury members and the opposing lawyers printouts of the money the two attorneys poured into a judge’s war chest.

“This would be done before any evidence is presented,” he said. “You impanel the jury and you’re about ready to start the case.”

Miller said he got the idea while attending a conference of the American Legislative Exchange Council, which, at the time, had no consensus as to what type of judicial reform to pursue.

“As long as we are electing our judges, we should compel disclosure of the judge’s campaign contributors before trial,” the delegate said. “Such disclosure will help improve our courts’ image, instilling more confidence in our judiciary and reducing the appearance of impropriety within our court system.”

— E-mail: mannix@register-herald.com

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