Published: February 07, 2008 10:19 pm      

Legislation would create third judgeship in Mercer

BLUEFIELD — Hope may be on the horizon for Mercer County’s crowded court system.

Legislation to add a third judge to Mercer County’s 9th Judicial Circuit has been introduced in the West Virginia Senate, and plans are to introduce a version in the House of Delegates by the end of next week, local lawmakers said Thursday.

The caseload in Mercer County’s courts has increased steadily during the past several years, according to recent reports, and the circuit is ranked in the top three statewide in terms of need of an additional judge.

Although Mercer County has a two-judge circuit — judges Derek Swope and Bill Sadler — a report on the 9th Judicial Circuit submitted to lawmakers notes the county has a need for 3.54 judges.

“This is a difference of 1.54 judges over the current two positions,” the report states. “In other words, the two judges of the 9th Judicial Circuit are handling the caseload that should be managed by more than three judges.”

West Virginia’s judicial system is broken down by circuits, many of which include one county — such as Mercer — while others include multiple counties. The number of judges per circuit also varies, ranging from one (as in the 31st Circuit that encompasses Monroe and Summer counties) to seven (in the highly populated 13th Circuit of Kanawha County).

An independent study showing 2006 caseload rankings lists the 9th Circuit as number three by “judge need ratio.” However, a new study compiling 2007 rankings conducted by the Administrative Office of the West Virginia Supreme Court shows Mercer County has now jumped up to the number two position.

“It’s obvious down there the docket is quickly getting to the point it’s unmanageable, and a third judge is needed,” Senate Minority Leader H. Truman Chafin, D-Mingo, said.

Chafin, whose senate district includes much of Mercer County, said a senate bill has been introduced to add a third judge to Mercer’s circuit. The bill is currently in the Senate Judiciary Committee and will move from there to the Senate Finance Committee.

Del. Marshall Long, D-Mercer, said a similar bill will be introduced in the House of Delegates by the end of next week.

“We’re committed to making sure that we get another judge in Mercer County,” Long said.

“We’ve gotten so much support from the area for this judgeship, that I’m confident it will be given a very good chance,” Long said.

Last year legislation was introduced to add additional judges to the three circuits ranked among the top three for need by the independent study. However, by the time the legislation made it through the various committees, lawmakers from other areas had added judges for their circuits onto the bill, which was subsequently vetoed by Gov. Joe Manchin.

This year, it appears legislation requesting judges in these three circuits may be submitted in independent bills to avoid this issue.

Carte Goodwin, chief legal counsel for Manchin, said the governor is aware of the judicial study done last year that showed Mercer County was one of the top three circuits in need of an additional judge.

“I think the governor is comfortable” with passing legislation that would provide additional judges to those counties “that were on top of the list in needs,” Goodwin said.

— Contact Samantha Perry at sperry@bdtonline.com