Photo by Steven Allen Adams Charleston attorney Gerald M. Titus III holds up his official signed appointment as a new justice on the West Virginia Supreme Court of Appeals. Pictured from left are Titus, son Davis, Gov. Patrick Morrisey, son Brant, daughter Nora, and wife Meredith.

CHARLESTON — Attorney and former federal prosecutor Gerald M. Titus III will succeed the late justice Tim Armstead on the West Virginia Supreme Court of Appeals, but both Titus and Gov. Patrick Morrisey said Armstead can never be replaced.

Morrisey announced Titus’ appointment to the state’s highest court Friday afternoon at a press conference in the Governor’s Reception Room at the State Capitol Building.

“I want to thank Gov. Morrisey for the trust he’s placed in me and allowing me the highest and greatest challenge and honor in my 22-year legal career,” Titus said.

“We all know judges are called upon to make difficult decisions. This is especially true when a case reaches the Supreme Court, which is our state’s court of last resort,” Titus continued. “I look forward to applying my full legal abilities and training to reach the right result under the law. I am committed to the rule of law and applying the law as it is written. I believe it’s critical that the court remain impartial and ensure fairness for all parties.”

Titus is an attorney with the Spilman Thomas and Battle law firm based in Charleston. He was one of four names given to Morrisey to consider on Oct. 21 by the Judicial Vacancy Advisory Commission out of 12 applicants.

“Let me tell you, Gerald came very highly recommended, and he’s respected by his peers across the state,” Morrisey said. “He has a rich background both in the private sector and in public service…His breadth of legal experience, his working in small firms and in large firms representing both plaintiffs and defendants, I think that’s going to serve him very well on the high court.”

“It’s been a long time since I had a job interview, and I have to say it was a rigorous process,” Titus said. “More than that, I was heartened to witness firsthand how deeply the Governor cares about our state’s legal system and how seriously he approaches the appointment process.”

Titus chairs the Commercial Trucking and Transportation Practice Group and the White Collar Criminal Defense Compliance Group for Spillman Thomas and Battle, where he has worked since 2009. He is a former assistant U.S. Attorney for the Southern District of West Virginia working in the Violent Crime Division. Titus began his legal career at Allen Guthrie McHugh and Thomas PLLC.

Titus succeeds Armstead, 60, who died on Aug. 26 due to complications from cancer. He is survived by his wife Anna, his daughter Katie, and two grandchildren.

“Tim exemplified all that is good and great about West Virginia,” Morrisey said. “He was a good and decent man of high moral character. And whether you agreed with him or not, Tim was always committed to upholding the law and maintaining the highest of ethical standards.

“Let me start by saying that I don’t think it’s possible that we’re ever going to be able to truly replace Tim,” Morrisey said. “But I do believe that this appointment is going to serve on the court with the same integrity and the dedication to the rule of law.”

Armstead was appointed to the state Supreme Court by Justice in 2018. Armstead won election in a 2018 special election to continue to serve the remainder of the term of Menis Ketchum, who resigned in 2018 prior to pleading guilty to one count of wire fraud in a federal investigation. Armstead won re-election to the Supreme Court in 2020 to a full 12-year term. During his tenure, Armstead served in the rotating position of chief justice twice in 2020 and 2024.

“As honored as I am to have the opportunity to serve as a justice, I wish this vacancy did not exist, and I know everybody feels that way,” Titus said. “Our presence here is occasioned by the tragic loss of our state’s distinguished justice, Tim Armstead. His presence on the court cannot be replaced. I would not presume to even try, but I do pledge to do my best to serve with the same utmost dedication, integrity, and humility with which he served.”

Titus will serve on the bench until a special election occurs next year. The winner of that special election will serve the remainder of Armstead’s 12-year term when the seat is up in 2032. Titus said he would absolutely seek election to the seat next May.

“I look forward to meeting with the voters of the State of West Virginia,” Titus said. “Something my great grandfather always said was ‘show them who you are, boy,’ and that’s what I look forward to doing. I want to meet as many people as I can, and I want to try to show them who I am and try to earn their votes.”

Titus was joined Friday by his wife Meredith, daughter Nora, and sons Davis and Brant, who showed his support for his father by telling him to “risk the biscuits.”

“It sounded pretty good, so that’s what we did,” Titus said.