A dozen people have applied for consideration to the state Supreme Court position that opened after the death of Justice Tim Armstead.
In West Virginia, when a judicial position on the Supreme Court of Appeals becomes vacant before the end of a term, the governor appoints a replacement from a list of qualified candidates submitted by the Judicial Vacancy Advisory Commission.
According to state code, the commission has 90 days from the occurrence of the vacancy to interview applicants and submit 2 to 5 names to the governor. Gov. Patrick Morrisey then has 30 days to make an appointment.
The appointee serves until the next general election, at which point they can run to fill the remainder of the unexpired term.
Armstead passed away on August 26 after a fight with cancer. Armstead won election to a 12-year term in 2020, so the remainder of the term on the seat is until 2032.
The remaining members of the Supreme Court have chosen retired Justice John Hutchison to again serve until the governor’s appointee can take over — and then until the election is held for a justice to fill out the full term.
This is the second Supreme Court vacancy to occur over the past several months. Thomas Ewing, who had been a circuit judge in Fayette County, was selected to take over a term from Justice Beth Walker, who retired. Ewing’s investiture ceremony was this week.
The people who have applied now for consideration to be appointed include:
- Laura Faircloth, circuit judge in Berkeley, Jefferson and Morgan counties;
- David Gilbert, a lawyer in the state Attorney General’s office who used to be a law clerk for Armstead, according to his LinkedIn profile;
- Dan Greear; judge on the West Virginia Intermediate Court of Appeals and former chief counsel for the West Virginia House of Delegates;
- Eric Hudnall, a current staff attorney at the state Supreme Court;
- E. Ryan Kennedy, the state Secretary of Veterans Assistance and a former mayor of Clarksburg;
- Brenden Long, a personal injury attorney in Teays Valley;
- Elgine McArdle, a Wheeling attorney who previously ran for state intermediate court of appeals. She also served in recent years as chairwoman of the West Virginia Republican Party;
- R. Steven Redding, a circuit judge serving on the bench for Berkeley and Morgan counties;
- Robert Ryan, a former circuit judge now serving as a prosecuting attorney in Hardy County;
- Martin Sheehan, a Wheeling area lawyer who applied for a 2018 opening on the Supreme Court; he also ran for election to the position and was on the ballot with his “Red Shoes” nickname;
- Gerald Titus III, specializes in commercial trucking law at the Spilman Thomas firm;
- Zachary Viglianco, deputy solicitor general for the Department of Justice in the state of Nebraska and former counsel for the West Virginia Senate.