The Register-Herald, Beckley, West Virginia

Today's Front Page

September 2, 2010

A look ahead

Panel discussion takes on possible governor succession

WHITE SULPHUR SPRINGS — More than one legislative leader warned the state Chamber of Commerce Wednesday that “perception is reality” when it comes to economic development in West Virginia.

If that same precept is applied to the topic of a panel presentation — “What to Expect from Your West Virginia Legislature” — the upcoming legislative session might be expected to fulfill the dire prediction of House Speaker Rick Thompson. He told chamber members if the issues surrounding succession, should Gov. Joe Manchin be elected to the unexpired term of late Sen. Robert C. Byrd, are not resolved before the legislature convenes, “it will dominate this session.”

He added, “We have to have an elected governor,” an obvious reference to his predecessor on the podium, Senate President Earl Ray Tomblin, who would become acting governor.

The state Constitution provides that Tomblin will assume the governor’s office if Manchin is elected to the U.S. Senate in the fall. But whether Tomblin can continue to serve as a state senator — essentially serving in two branches of state government simultaneously — is less clear.

In his remarks to the chamber, Tomblin said, “All of us have been served notice that a lawsuit is coming (regarding the succession issue).”

Tomblin also addressed the second-most popular issue raised by the legislators on Wednesday’s panel, promising that lawmakers will once again tackle the task of forming an intermediate appeals court.

Senate Judiciary Chairman Jeff Kessler pointed out that legislation creating such a court gained support in his committee, only to die in finance during this year’s legislative session.

“It’s tough to create a court. I’ve never done one,” Kessler quipped.

Stacking the projected $4 million annual budget of an intermediate court against the state’s overall budget, Kessler maintained, “It’s a drop in the bucket.”

Also participating in the panel discussion, staged on the first day of the chamber’s annual meeting and business summit at The Greenbrier, were House Judiciary Chairman Tim Miley, Senate Minority Leader Mike Hall and House Minority Leader Tim Armstead.

The summit continues today with symposia on job creation and the economy, in addition to the group’s general session, and will conclude Friday.

— E-mail: talvey@register-herald.com

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