Judge Karl Resigns
The 2016 election for Second Circuit Judge is already shaping up to be interesting with the announcement last week that Judge Mark A. Karl will retire next month.
While Karl’s spot will be filled by Gov. Earl Ray Tomblin within the next few months, three people have already shown interest in the two seats that will be up for election in 2016.
Karl, along with Chief Judge David W. Hummel, currently serve the Second Circuit, which includes Marshall, Wetzel and Tyler counties. Last week, Hummel notified Tomblin of Karl’s retirement-set for March 31-and requested he ask the Judicial Vacancy Advisory Committee to begin the search for a replacement.
The committee, which consists of four public members and four attorneys, will accept applications for the position and meet to discuss potential replacements. Interviews will then be conducted, with the committee recommending between two and five candidates to Tomblin within 90 days. Tomblin then has 30 days to appoint an interim judge.
For the time being, Hummel will handle the majority of the caseload, with help from a senior status judge appointed by the state Supreme Court of Appeals. He said he expects the transition to be smooth once a full-time replacement is chosen.
“Who that’s going to be, I have no idea,” he said.
Whomever is appointed could have an advantage heading into the 2016 election, during which Karl’s vacant seat, as well as Hummel’s, are up for grabs. Both Karl and Hummel ran unopposed in 2008, with Hummel replacing John T. Madden, who did not seek re-election.
Hummel said he will seek re-election to his position. As of Friday, two others have also expressed interest in the three open seats: Marshall County Prosecutor Jeff Cramer and former assistant prosecutor John Artimez.
Cramer announced his candidacy earlier this month, saying he does not intend to resign from prosecutor, as his term would expire the day before he would take the bench on Jan. 1, 2017, if elected. However, after Karl’s announcement, Cramer said he will submit an application to be considered to fill the vacancy. He said regardless of who is chosen as Karl’s replacement, he will seek the position during the election.
Artimez, meanwhile, has not formally announced his candidacy, but confirmed last week he does intend to run. He said he has been considering it since 2011. He could not be reached to confirm whether he will apply for the interim position.
Hummel said he believes the interim appointment will make for an interesting election.
“Does that (appointment) give that person a leg up in an election, or will they be too busy being judge to focus on a campaign?” he said. “There are all kinds of theories as to how it does or doesn’t help.”
Also making the election intriguing is the possibility that it will be the first non-partisan judicial election if bills proposed during the current Legislative session pass.
Two bills-one approved Friday by the Senate and originally proposed by the House of Delegates and another being considered by the Senate Judiciary Committee-would require circuit judges, family court judges, justices, and magistrates to be elected through non-partisan elections. The legislation would also set up election schedules beginning in 2016.
Sen. Charlie Trump, R-Morgan, who chairs the Senate Judiciary Committee and is lead sponsor of the Senate bill, called the vote Friday on the House bill “an important moment.”
Trump said removing political party affiliation from the election process would mean judges are chosen based on their records and beliefs. Trump said the bill would ensure judges remain “fair, impartial, and independent.”
Sen. Mike Romano, D-Harrison, said while he did not oppose the bill, “it is not going to make any difference in the election of the judiciary.”
Romano argued the issue with the election process was not party affiliation, but the ability of “big money” to unduly influence elections and candidates.
If that legislation is in place, judicial races would be decided during primary elections-meaning those interested in seats in 2016 potentially have six less months to campaign.
Michael Erb contributed to this story.