Garrison choice a lesson about the state of the state
(From late Friday)
The anti-climactic announcement Friday that Mike Garrison would be the next president of West Virginia University was greeted with a collective yawn across the state, although Friday the 13th turned out to be doubly unlucky for WVU with the co-announcement that tuition rates would jump by 5.5 percent.
The 16-1 vote by the Board of Governors in Garrison's favor demonstrated once again what a waste of time (albeit not much energy) the "search" really was. Regardless of how underestimated his talents may be in some quarters, does anyone believe that Garrison was really so much more impressive than Kansas State Provost Duane Nellis that Nellis could muster only one vote? How depressed must Nellis be? Perhaps he will decide to leave education entirely in the wake of his complete thrashing by the imminent Mr. Garrison.
(Incidentally, those trying to insist the students were behind Garrison, because of his endorsement by a student president and vice president were contradicted by the student newspaper endorsement Thursday of Nellis.)
The worst part of this process, believe it or not, is not the ultimate selection. It is, in fact, the adamant insistence by the committee that the "search" was really a search at all.
As Dr. Doug McKinney, a WVU alumnus, told The Associated Press on Friday, "They made their selection before David Hardesty even announced his retirement.''
McKinney's sentiment is hardly a minority opinion. When
Hardesty announced his retirement last year, the fact that Garrison was the heir apparent was a belief being privately expressed by nearly every politico and not a few media members around the state.
McKinney hit the bulls-eye when he added to the AP, "The question the people of West Virginia should be asking is if Mike Garrison would have been a finalist at any other university in the United States, and the answer is an unequivocal no.''
(Lest anyone think some low-down consultant was busy putting words in McKinney's mouth, yours truly in fact became aware of them only after reading them in the AP story. I would have told him to say "world," not just "United States." )
The ultimate problem here is not necessarily with Mr. Garrison, who likely will conduct himself with the expected dignity and enjoy periodic accomplishments for which he can boast in the coming months and years.
The problem is that the choice has reinforced the notion held by most that the presidency of the state's major university has become just one more political patronage job to be awarded to a loyal lieutenant or favored son, rather than to the candidate with the best experience and credentials.
That it is so expected to be done that way, and so universally accepted that it will be done that way, is this adventure's most telling lesson. Mike Garrison's predictable selection as president of West Virginia University is but a microcosm of how and why the state as a whole often seems so preordained to accept mediocrity as the best it can do.
Invokes the Wizard of Oz
Benjamin files scorching dissent in Mullens case
JUSTICE BRENT BENJAMIN
If Justice Spike Maynard's dissent in the State v. Mullens case was scathing, fellow Justice Brent Benjamin's is absolutely a scorching indictment, challenging not only the Court's ruling on that specific case, but also the majority's judicial philosophy in general.
Benjamin, who prides himself on being a justice who follows the law rather than legislates from the bench, said the Mullens decision reflects the "result-driven, policy-based nature of the majority's actions..."
Benjamin's dissent, intended or not, may be a subtle framing of the philosophical debate for the coming judicial elections in 2008.
While Maynard's earlier published dissent was an emotional response to the majority of Robin Davis, Larry Starcher and Joe Albright, Benjamin's dissent, though cheeky in style, is a lengthy opinion based more on constitutional reasoning than emotion.
Throughout his dissent, filed last last week, Benjamin likens the majority opinion to the Wizard of Oz, dividing his opinion into several subheadings with titles like:
* “There's no place like home” and Other Factual Misconceptions of the Majority Opinion.
* “Somewhere Over the Rainbow” The Majority's Skitter into Judicial Federalism.
* Search and Seizure _ Why Couldn't the Majority
Just “Follow the Yellow Brick Road” and Our Own Long-Accepted Law.
* “The Great Oz has spoken -- Pay No Attention to the Man Behind the Curtain” and His Absence of Law.
* “I've a feeling we're not in Kansas anymore” The Majority's Misplaced Reliance Upon Other States.
* “Bring Me the Broomstick of the Witch of the West” Then You'll Get Your Warrant!
* “Run, Toto, Run!” The Majority's Actions Will Have Retroactive Effect.
In the Mullens case, the court ruled 3-2 on Feb. 28 that police cannot send informants wearing electronic surveillance into a drug dealer's home without first getting a warrant. Many believe the ruling, considered by many to be in direct contradiction to United States Supreme Court opinions on the subject, will lead to the dismissal of countless drug cases and make it more difficult to gather evidence.
Benjamin writes, "When the Court breaks with its prior rulings, inserts words and meanings into constitutional provisions and statutes that are plainly not there, and redefines easily-understood and long-accepted principles of justice, this Court invites and deserves fair criticism. This is such a case.
"By departing from a reasoned application of the rule of law in favor of a pure judgment of policy, the majority opinion abandons all pretense of a principled use of established jurisprudence or applicable law to resolve the evidentiary issue present in this appeal. Despite the rhetorical invocation that it left 'no stone unturned and no footnote unread,' the majority opinion simply ignored, or avoided reference to, the overwhelming mountain of legal reasoning and authority that shatters any semblance of an acceptable legal basis for the majority's result."
Later, he writes, "Ultimately, the majority cannot coherently explain what true constitutional right it is trying to protect here. The majority cannot answer what primary constitutional concerns are inherent here that are not likewise present in other forms of passive recordings for which the majority finds no constitutional infirmity. The majority likewise is unable to provide a plausible explanation for why the State should be compelled here to seek a warrant to simply record by one mode of recording what is already being recorded by another mode of recording for which a warrant is not needed.
"What the majority does do is give special -- and unwarranted -- protections to an individual engaged in selling illicit drugs to a trusted customer who is, in reality, a State agent who will later offer testimony to prove the State's case against the individual. The majority finds fault amounting to a violation of our State Constitution not with the State's ability to collect information but in the means by which the State passively records such a criminal transaction. It is no wonder that the majority fails, or is unable, to identify what was the 'search' and the 'seizure' here." You can read Benjamin's entire dissent by clicking here.
The Court is scheduled to decide Wednesday or Thursday whether to revisit the opinion, based on a request from Attorney General Darrell McGraw and various law enforcement agencies.
MOORE TO LOVE -- Former First Lady Shelley R. Moore addresses a crowd of more than 200 who attended a tribute in her honor Saturday night at the Marriott in Charleston. At left is GOP Chairman Doug McKinney and his wife, Sue, and at right is emcee Mike Agnello and his wife, Rhonda. Click here for many more photos from the event.
Shelley Moore fete a night mixing serious tributes, frivolous fun for state Republicans
Former First Lady Shelley R. Moore was honored Saturday as beloved by family and friends and admired by fellow West Virginians for bringing honor and dignity to the state during her years in the governor's mansion.
The event was a fundraiser for the West Virginia Republican Party, but it veered into a bipartisan tribute with remarks by former Democrat Congressman and Secretary of State Ken Hechler, and a letter of tribute from Gov. Joe Manchin.
Also read was a letter of tribute from Sen. John McCain, and a proclamation from Secretary of State Betty Ireland, read by her chief of staff, Ben Beakes.
Gov. Arch Moore was only a couple of days away from celebrating his 84th birthday, and during a concert by the Runaway Band, an Elvis tribute group, the band and crowd joined in serenading the governor with a chorus of "Happy Birthday."
"Elvis" noted that the two governors in the room -- Gov. Cecil Underwood was also on hand -- had undoubtedly attended many solemn and dignified tributes over the years. "So we apologize up front for this one," he joked, glittering in his spangled jumpsuit.
Chairman Doug McKinney and his wife, Sue, were extremely happy with the attendance and the money raised from the event, and expressed their appreciation to the Moore family and event co-chair Jeannette Wakim. Also recognized for helping make the event a success were Donna Gosney, Laura Wakim, Tommy Phillips, Carol Ertle, Todd Gunter, Carrie Bailey, and WVGOP staff members Marti Riggall and Mike Ankrom.
A rendition of "Country Roads" was offered by Marci Lane, featuring special lyrics fitted to the occasion, and a number of guests offered special salutes and toasts.
In Friday's Charleston Daily Mail, reporter Jake Stump offered an excellent profile of Mrs. Moore, along with some photos from years past, and you can read it by clicking here.
Various sponsors contributed to the event's financial success, and you can click here to see them.
NO, IT'S MINE -- "Elvis" prepares to toss a scarf as he performs at the tribute to former First Lady Shelley Moore on Saturday. Click here for more pictures and details.
