Tuesday, April 15, 2008 "When news breaks, we fix it" Published daily except some days
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Richie Robb will serve as attorney on Russ Weeks per diem case
Supreme Court
Special Report
Rusty Morgan drops out of State Senate race
Jefferson County Commissioner Rusty Morgan on Monday announced he was dropping out of the race for the Republican nomination for the 16th District State Senate race, citing health concerns regarding his vision.
According to the Shepherdstown Observer, Morgan "said that he would no longer continue in the race due to ongoing problems with his eyesight. He has undergone four operations on his detached retinas in the past two years."
Morgan said, “It is a difficult decision. I regret letting down my supporters and the public,
Republican gubernatorial candidate Russ Weeks today announced that former South Charleston Mayor Richie Robb will serve as his attorney as he pursues a lawsuit against the West Virginia State Legislature and Gov. Joe Manchin for the retroactive per diem payments awarded earlier this year.
“I’m gratified that Mayor Robb has agreed to become involved in this case,” said Weeks, a former State Senator. “This is not a Republican issue or a Democrat issue. It’s a bipartisan action on behalf of all West Virginians who deserve to have state government held accountable.”
Robb was elected mayor of South Charleston in 1975 and was reelected for seven more terms. He is currently a candidate for the U.S. Congress in the Democratic primary election.
Weeks said, “I’ll be supporting Congresswoman Capito in this election, as I always have, but I welcome Richie’s legal expertise and his willingness to take on this fight.”
Weeks and Robb are both Vietnam veterans, and Robb is a recipient of the Bronze Star.
“Senator Weeks and I probably disagree on most political issues, but we share the conviction that our elected officials must be held accountable for their actions,” said Robb. “The first principle in the military is to take care of those under you first. The Legislature took care of itself first, ahead of taxpayers and employees. I look forward to pursuing this case vigorously and helping Senator Weeks and the people of our state reach a successful outcome.”


Fellow Vietnam veterans Russ Weeks, left, and Richie Robb will take on Gov. Joe Manchin and the State Legislature over the retroactive per diem pay awarded earlier this year.
Starcher ignores Daily Mail queries on vacation photos
West Virginia Supreme Court Justice Larry Starcher ignored questions submitted by the Charleston Daily Mail regarding his conversations with Court candidate Menis Ketchum and the pictures leaked by an anonymous source to lawyers for Hugh Caperton.
Reporter Justin Anderson wrote Monday, "Asked if either he or Starcher were in any way involved with the filing of the photos, Ketchum told the Daily Mail, 'Absolutely not.' Starcher did not respond to a list of questions e-mailed Friday by the Daily Mail."
Anderson recounted reports of 11 calls from Starcher to Ketchum in mid-January, and noted that Steve Cohen, executive director of West Virginia Citizens Against Lawsuit Abuse, "pointed out that the first call came on the Friday before the Monday that the photos were filed with the court."
Cohen said, "Candidate Ketchum, the very next day in (the Huntington Herald-Dispatch), called for an investigation surrounding the photographs, even before Starcher."
Ketchum again insisted that the calls were in regard to his effort to make sure Starcher was not running for reelection, saying, "I kept hearing persistent rumors, no doubt fueled by political opponents, that Justice Starcher would change his mind and run for re-election. These rumors were impeding my ability to attract support to my campaign."
Eventually, Starcher and Ketchum might want a do-over in addressing this issue. Ketchum was well down the road to a full-blown campaign, having already raised more than $200,000 and assuring people days before the telephone conversations that Starcher was not running, and he was.
'We Are Marshall' on its way to victory in unique football movie tourney
Starcher hears cases tied to his 'close friend' Ketchum
Even while claiming that Justices Spike Maynard and Brent Benjamin cannot be impartial in cases involving Don Blankenship, Justice Larry Starcher apparently sees no problem presiding over cases connected with his "close friend" Menis Ketchum, based on records available at the West Virginia Supreme Court website.
Ketchum recently described his relationship with Starcher as that of a "close friend" since law school.
But just this past December, Starcher filed a dissent in Riggs, et al. v. West Virginia UniversityHospitals, Inc., No. 33335, calling the majority decision a “complete perversion of justice.”
The majority decision in that case had agreed with Circuit Judge Robert Stone of Monongalia County, who had enforced West Virginia's
$1,000,000 cap on non-economic damages in medical malpractice cases.
If he had his way, Starcher would have reversed and awarded the plaintiffs $10 million. Incidentally, the plaintiffs were represented by Wes Metheney of Morgantown and Paul Farrell,Jr., of Menis Ketchum’s firm.
Then, just this past January, the Court heard a presentation of petition seeking appeal from Bert Ketchum of Menis Ketchum’s law firm in the case of Eastham, et al. v. The City of Huntington, etal., No. 071951. Starcher cast the "deciding vote" to accept the petition.
(Had to say that. There's really no "deciding vote" when three justices vote the same way, but there are those in the media who like to claim that Brent Benjamin cast the "deciding vote" in the Caperton case, so I couldn't resist.)