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Bunn Fitting In Well on West Virginia Supreme Court

9 min read
John McCabe
West Virginia Supreme Court Justice Haley Bunn, left, stands with Wheeling attorney William Wilmoth during a visit to Wheeling last week.

WHEELING - For Haley Bunn, life is all about starting early and being prepared.

As she learned growing up in the small town of Oceana in Wyoming County -- population 1,462 -- "you've got to be early, be ready and be prepared for whatever lies ahead, and you do whatever work (is necessary) to be prepared."

That approach has served her well, as she graduated with honors from West Virginia University in 2007 and then went on to earn her law degree from WVU in 2010.

Little did she know that 12 years later, she would be the newest justice on the West Virginia Supreme Court of Appeals.

In between stints in private practice with the law firm of Steptoe & Johnson (2010-12 and 2019-22), Bunn worked as an assistant U.S. attorney for the Southern District of West Virginia, with a focus on the state's opioid epidemic. Gov. Jim Justice came calling in April when he asked Bunn to accept an appointment to the Supreme Court.

She agreed, and now sits on a court that sees its longest-serving justice (Justice Beth Walker) on the bench for just six years. It's a position in which Bunn hopes to make a mark and pave the way for more women to serve in leadership roles.

"It really all comes from a dedication to West Virginia and our way of life and really thinking that this is a wonderful place to live and raise kids, and also to have that commitment to public service," she said of accepting the governor's appointment.

'Oxiana'

Growing up in Oceana was wonderful, Bunn said. After leaving for college, she returned to the region to begin her legal career at Steptoe & Johnson in Charleston. She recalls traveling to Wyoming County for a hearing shortly thereafter and realizing the toll opioids had taken on her community.

She felt the need to help.

That led her to seek a position in the U.S. Attorney's office, where she worked first with U.S. Attorney Booth Goodwin and then U.S. Attorney Mike Stuart, focusing primarily on the opioid epidemic.

"I am from what is not so affectionately called 'Oxiana,'" she said, recalling that trip back home when she realized things were not as they should be. "I didn’t often get back and I went back ... it just kind of hit me. This place is threatened. I mean, truly, the way of life was threatened and I thought, what can I do to try to help protect that and preserve that and get (Oceana) back to a thriving community?

"So I told Booth Goodwin, 'I want to join your staff and fight the opioid epidemic. I want to come help you do that any way that I can.' And I was fortunate to be able to do that to some degree. I started out as just a violent crime and drug prosecutor ... and then started working on the healthcare side of it because it was very clear that the prescription (opioid) problem was what started and bloomed into everything else, be it heroin or fentanyl or whatever else."

The Department of Justice at that time was ramping up efforts to find ways to combat illicit drugs, starting an opioid fraud and abuse detection unit. Bunn sought a post in that unit, with her position funded during her last two years of service in pursuit of healthcare-involved opioid diversion and fraud. She said she believes her efforts in working with the U.S. Attorney's office made an impact in helping her home community.

The Court Comes Calling

Bunn settled into everyday life after leaving the U.S. Attorney's office and returning to Steptoe, where she focused her practice on litigation. She and her husband, Joe, set about raising their daughters. They attended church in Charleston. A pleasant routine set in.

And then Gov. Justice called in early April and offered her the Supreme Court seat previously held by Justice Evan Jenkins. She met with the governor and accepted his appointment.

Bunn was sworn in at the end of April, and has been working since to get acclimated to the court and her fellow justices -- Walker, Chief Justice John Hutchinson and Justices Bill Wooton and Tim Armstead -- as they not only work to restore the court's reputation after a tumultuous period a few years back, but also to launch a new Intermediate Court of Appeals and continue to grow the state's family and drug treatment courts.

Bunn said the administrative end of the state Supreme Court has been the most interesting to learn.

"One of the things that I’m really passionate about right now are our treatment courts," she said. "One part of the job that I don’t think I understood before I actually took the bench ... was the administrative side of the Supreme Court. We have 1,500 employees in West Virginia courts and a lot of different programs that we oversee. One of those programs and a big part of our budget really are our treatment courts. I think a lot of people know about our adult drug treatment court and our juvenile drug treatment court, but we also have a family treatment court."

And those treatment courts bring her back to what led her to the U.S. Attorney's office back in 2012 -- drugs. The drug treatment courts obviously deal with addiction, but so do nearly all the cases in family treatment court. Providing parents a pathway to keep their families together can be a powerful motivator to get sober.

"Once the kids are gone, if your (parental) rights are terminated, what reason do you have to stay sober? ... So, I commend our circuit court judges who are taking that on and I hope that the program (grows.) We’re seeing a lot of success," she said. "Going to the treatment court graduations is one of my favorite things about the job. You get to see the participants reunited with their children. That’s part of the process, to get the family together.

"I truly believe (the drug) problem has to be approached in a multifaceted way. You can’t prosecute your way out of it, although that is absolutely a necessary piece to combating the drug epidemic and getting and keeping our communities on the right track. But you also have to have this treatment aspect, the family aspect, you've got to give the why. And I think our family treatment courts are doing that."

When it comes to the high court itself, she sees sunny skies ahead despite the dark clouds some former justices left through their purchases and actions.

"I can say firsthand, (the relationship among justices) absolutely has changed. And not just in the way that we deal with one another," she said. "We get along with one another, but we also are committed to fostering respect for the court. And I don’t mean courtesy when you come into the courtroom; I mean respect in that we are trying to promote understanding of what the court does, and an understanding of the court's role in our democracy."

That effort is being helped through the creation of a learning center for the court.

"I think there’s really some kind of mystery about what goes on (at the court). We want to break that down. All five justices are very committed to fostering respect for the court by fostering understanding of the court and the judicial branch," she said.

What the future holds

Bunn is 36, short in stature but tall in presence. She has a sharp wit and a sharper mind, which serves her well as a justice. She made it clear she plans to run for the seat she now occupies in the May 2024 election.

She also recognizes that while she's "not a typical justice," underestimating her would be the wrong thing to do.

"I don’t look like your typical Supreme Court justice. Everybody thinks of an older man with gray hair and a black robe. That’s what you think of, but honestly, I think that’s the beauty of our court right now. We have so many different perspectives," she said. "I think that benefits West Virginia. It results in well-written, well-reasoned opinions. I think we sharpen each other from our different perspectives, but in a respectful, open-minded way."

She also sees the importance her appointment to the court could have on her own daughters and other young girls throughout West Virginia. She allowed her 7-year-old to invite several friends to her investiture ceremony in May, which she said was "one of my favorite parts about the day."

"I wanted them to be impressed by the court and how awesome it was but not be scared and not understand what it was about. And so I really enjoyed being able to stand up there before these young ladies who all were dressed in their Sunday best and show them that, even if you don't check all the traditional boxes, don't be afraid to put yourself out there. Just get out there and do it. I loved being part of that."

She's also looking forward to her first full slate of oral arguments starting in October, when attorneys will appear before the justices. She believes she's "nerdy" in that sense.

"I love watching attorneys advocate and do a good job and represent their clients zealously. I love that," she said. "I still get to see that on the argument days, which is great. Some of the issues that often come in front of us are evidentiary issues with the rules of evidence. And those are some of my favorite issues."

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