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West Virginia's Judicial Vacancy Advisory Commission next month selects their recommendations for 2nd Judicial Circuit judge, and after that Gov. Jim Justice has 30 days to appoint one of them to the bench.
The Judicial Vacancy Advisory Commission is currently seeking qualified applicants to fill the vacancy created by the resignation of Judge David W. Hummel Jr. in the 2nd Judicial Circuit serving Marshall, Wetzel, and Tyler Counties.
The unexpired term expires at the end of 2024.
Candidates must submit their completed applications and letters of recommendation or comment no later than 5 p.m. on Jan. 9. Applications will not be received after this time.
In-person interviews before the commission are scheduled to take place in Charleston on Jan. 18, though the commission is not required to have them, explained Susan Brewer, a Morgantown attorney who chairs the committee.
"The commission has the option of interviewing candidates, and we always do," she said. "That way we can assess their judicial demeanor, and get information that you can't get off the paper application."
Each candidate is checked for disciplinary reports, and letters of recommendation or non-recommendation are considered, according to Brewer.
"But the interview is very important," she said. "It gives us a feel for the person's interest level, and what they will be like on the bench.
"We can question them on the extent of their litigation experience."
Applicants for the judicial position need not just a law degree, but a record of litigation and judicial experience, Brewer continued.
"The basic qualification is that they hold a license to practice in good standing, have at least five years experience and live in Marshall, Wetzel, or Tyler counties."
The committee is asked to provide the governor with the names of three to five qualified candidates from among the applicants, and Brewer said that is not always easy in some counties.
"Sometimes there are just not enough applicants," she explained. "In some counties, we have very many.
"We have provided the governor with as few as two applicants. It just depends."
Once Justice receives the names, he has 30 days in which to make a selection, Brewer continued.
"He has a track record of doing very well with that," Justice said. "He knows some countries might only have one or two judges."
Some candidates may be applying for the job only as a place sitter until the next election, while others seek the job permanently.
"The governor would prefer someone for the long haul," Brewer said.
There are both lawyers and non-lawyers on the 11-member commission, and all members are appointed by the governor. The governor's general counsel serves alongside the committee.
"Members come from all walks of life, and that is really good," Brewer said. "There are non-lawyers and people in the community who always have insightful questions during the interviews."
Applications must be submitted either via email to JVAC@wv.gov, or by mail to Judicial Vacancy Advisory Commission, c/o Office of the General Counsel to the Governor, Office of the Governor, State Capitol, 1900 Kanawha Boulevard East, Charleston, WV 25305.
Those needing more information about the application process should contact the Office of General Counsel at 304-558-2000.